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Full text of "Domestic violence : beyond chapter 209A"

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Commonwealth of Massachusetts 
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Scott diarsftbarger 

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(Domestic Violence: 'Beyond Chapter 20951 



^Northeastern University 
October 22, 1992 



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SCOTT HARSHBARGER 
ATTORNEY GENERAL 

(617) 727-2200 



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October 22, 1992 



TO THE LAW ENFORCEMENT COMMUNITY OF THE 
COMMONWEALTH OF MASSACHUSETTS 



We are all aware that family violence is one of the most 
pervasive forms of violence occurring in our country today. 
National surveys indicate that at least two million women per 
year are severely assaulted by their marital partners and over 
thirty percent of all female homicide victims nationally are 
killed by males with whom they are intimate. Research has also 
revealed that domestic violence is the leading cause of injury 
for women, more common than automobile accidents, muggings and 
stranger rapes combined. Moreover, almost one-third of all 
women seeking medical care in emergency rooms have been injured 
by their boyfriends or husbands. Finally, family violence is a 
problem which touches the lives of many others in addition to 
the perpetrator and the victim over an extended period of 
time. About three million children each year witness abuse of 
one parent by the other. These children are themselves at high 
risk of being the targets of violence by battering parents. 

In Massachusetts, there has been a dramatic increase in the 
number of women seeking restraining orders over the past year, 
and a frightening increase in the number of women who are being 
killed by boyfriends or husbands. The statistics reveal that 
in 1985, a Massachusetts women was murdered every 22 days by 
her partner. Today, someone is killed every five days because 
of domestic violence. 

Police are on the frontlines in identifying and intervening 
in domestic violence incidents. As District Attorney of the 
state's largest county, I was very impressed with the 
outstanding work of police departments and individual police 
officers in their efforts to combat the increasing incidence of 
family violence. 



More recently, as Attorney General, in an attempt to stem 
the rising tide of domestic violence, my office has played an 
active role in partnership with the state legislature in the 
passage of the stalking law and the law creating a statewide 
domestic violence registry. In addition, together with the 
Massachusetts Medical Society, the Department of Public Health, 
and the Massachusetts Hospital Association, we are planning 
cross-disciplinary training for police, domestic violence 
advocates, physicians and hospital emergency room personnel. 

One of the goals of this program is to provide you with 
information about the police response to domestic violence 
incidents in light of the new legislation. However, while 
these new laws will provide us with important legal tools 
against domestic violence, law enforcement alone will never 
solve the problem of domestic violence. I hope that this 
conference will provide you with a forum for the exchange of 
ideas that will help you and other law enforcement 
professionals to develop effective strategies to deal with this 
complex problem. Thank you for joining me here today and I 
look forward to working with you thr ou ghout my term as Attorney 
General. 




tt Harshbarger 



TABLE OF CONTENTS 

I. G.L. C. 209A: THE ABUSE PREVENTION ACT 

A. The Abuse Prevention Act, G.L. C. 209A: Statutory- 
Overview 1 

B. The Abuse Prevention Act Chapter 209A 22 

C. Commonwealth v. Gordon . 407 Mass. 340 (1990) 29 

D. Related Statutes 36 

E. Commonly Asked Questions Concerning Chapter 

209A 45 

II. PRE-COURT FORMS AND PROCEDURES 

A. Sample 209A Petition and Abuse Prevention 

Order 53 

B. Sample Abuse Prevention Form for Service of 

Orders 57 

C. Sample Abuse Prevention Order 59 

III. POLICE GUIDELINES 

A. Summary of the Police Guidelines 61 

B. The Police Guidelines 65 

IV. THE EMERGENCY JUDICIAL RESPONSE SYSTEM 

A. Report of the Massachusetts Trial Court 77 

V. LEGAL DEVELOPMENTS IN DOMESTIC VIOLENCE LAW 

A. The Stalking Law 

Chapter 31 of the Acts of 1992 89 

B. The Statewide Domestic Violence Registry Law 

Chapter 188 of the Acts of 1992 105 

C. Amendments to the Bail Law 

Chapter 201 of the Acts of 1992 118 

D. Proposed Federal Legislation 128 



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VI. EFFECTIVENESS OF THE OUNICY MODEL 

A. Study of the Quincy Model 131 

B. Boston Globe article featuring Quincy District 

Court 134 

VII. MYTH V. REALITY: CLINICAL ISSUES IN DOMESTIC VIOLENCE 

A. Substance Abuse and Domestic Violence 140 

B. Victim Psychology 146 

C. The Effects of Domestic Violence on Children 150 

VIII. SUPPLEMENTAL MATERIALS 

A. Domestic Violence Fact Sheet 160 

B. Massachusetts Coalition of Battered Women Service 
Groups Historical Overview 161 

C. LEAPS bulletin for entry of warrants 165 

D. Newsweek article on stalking 167 

E. The Mathematics of Battering 170 

E. Warnings Signs of Abuse Checklist 171 

F. New York Times article on prosecuting 

domestic violence cases 172 

G. Fact Sheet on Partner Abuse in Same Sex 
Relationships 173 

IX. RESOURCES 

A. Battered Women's Services: Statewide Resources 174 

B. Batterers' Treatment Programs: 

Statewide Resources 179 

C. Legal and Social Services Referrals 180 

D. Victim Assistance Programs and Court Listings 186 



-li- 



Chapter 203 A: 
r ffie Abuse, Prevention Law 



THE ABUSE PREVENTION ACT: CHAPTER 2 09A 

OCTOBER, 19 92 

I. Chapter 209A of the General Laws, known as the Abuse 
Prevention Act, represents a strong statement of public 
policy: Domestic violence is a serious crime and is not simply 
a matter of personal family business. Law enforcement 
personnel play a key role in the implementation of this 
policy. Because they are most likely to be called upon to 
intervene when domestic violence occurs, police officers are 
generally the victim's first contact with the criminal justice 
system. These materials describe the duties and obligations of 
police under c. 209A. 

II. STATUTORY OVERVIEW 

Chapter 209A contains nine sections. - Sections Six and 
Seven are the most important for law enforcement personnel 
because they set forth the obligations of police under c. 
209A. However, police officers should be familiar with all 
sections of c. 209A so that they can provide complete and 
accurate information to victims. 



1/ G.L. c. 209A was signed into law in July, 1978. It has 
•been amended in 1983, 1984, 1987, and 1990. The 1990 
amendments went into effect on January 31, 1991. 



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SECTION ONE [Definitions] 

Section One sets forth definitions of "abuse", "court", 

"family or household member"/ "law officer"/ and "vacate order" 

as follows: 

" Abuse " , is the occurrence of one or more of the following 
acts between family or household members: 

a. attempting to cause or causing physical harm; 

b. placing another in fear of imminent serious 
physical harm; 

c. causing another to engage involuntarily in sexual 
relations by force, threat or duress. 

Police should interpret this definition broadly when 
responding to a complaint. Category (a) applies to any type of 
physical harm or attempt to cause physical harm, for example, 
punching, kicking, shoving, etc. Category (b) applies to 
threats and to situations where the abuser has assaulted the 
victim but no battery has occurred. Note that the parties' 
marital status is irrelevant to the application of category 
(c) . Massachusetts law contains no spousal exclusion which 
would prevent a married woman from charging her husband with 
rape. Commonwealth v. Chretien . 383 Mass. 123 (1981). 

" Court " . includes the superior, probate and family, 
district, or Boston municipal court departments of the trial 
court . 

" Family or household members ", are persons who: 

a. are or were married to one another; 

b. are or were residing together in the same 
household; 



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c. are or were related by blood or marriage; 

d. have a child in common regardless of whether they 
have ever married or lived together; or 

e. are or have been in a substantive dating or 
engagement relationship, which shall be adjudged 
by district, probate or Boston Municipal courts 
after consideration of the following factors: (1) 
the length of time of the relationship; (2) the 
type of relationship; (3) the frequency of 
interaction between the parties; and (4) if the 
relationship has been terminated by either 
person, the length of time elapsed since the 
termination of the relationship. 

While c. 209A was originally intended to provide legal 
remedies to battered women, it can be used by both men and 
women, adults and minors. Under the definition of "family or 
household member", any person, regardless of sex or age, who 
has been abused by a spouse, former spouse, household member or 
former household member (who need not be of the opposite sex) , 
past or present in-laws, step-children, or a blood relative, 
(including a minor child) may file a c. 209A abuse petition. 
Note that blood relatives, in-laws, or step-children need not 
reside or have resided with the plaintiff. The protections of 
c. 209A have also been extended to individuals who are or were 
involved in what is termed by the statute as "a substantive 
dating or engagement relationship". 

"Law officer " , any officer authorized to serve criminal 

process . 

" Vacate order " court order to leave and remain away from a 
premises and surrendering forthwith any keys to said 
premises to the plaintiff. The defendant shall not damage 
any of the plaintiff's belongings or those of any other 



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occupant and shall not shut off or cause to be shut off any 
utilities or mail delivery to the plaintiff. In the case 
where the premises designated in the vacate order is a 
residence, so long as the plaintiff is living at said 
residence, the defendant shall not interfere in any way 
with the plaintiff's right to possess such residence, 
except by order or judgment of a court of competent 
jurisdiction pursuant to appropriate civil eviction 
proceedings, a petition to partition real estate, or a 
proceeding to divide marital property. A vacate order may 
include in its scope a household, a multiple family 
dwelling and the plaintiff's workplace. When issuing an 
order to vacate the plaintiff's workplace, the presiding 
justice must consider whether the plaintiff and defendant 
work in the same location or for the same employer. 

Thus, the defendant must turn over the keys to the premises 

to the victim and must leave and remain away from the premises 

and the victim's workplace. The defendant is also barred from 

interfering with the victim's occupancy of the premises, 

damaging any of the household contents, shutting off the 

utilities, or stopping the victim's mail. (Police Guidelines, 

§ 2.0, pp. 3-4; § 3.4, pp. 7-8; § 3.7, pp. 8-9) 



SECTION TWO [Venue] 

Section Two permits the victim to file a complaint in the 
appropriate court, as defined in Section One, where the victim 
resided at the time the abuse occurred or where the victim 
resides at the time of the complaint if he/she has left the 
residence or household to avoid the abuse. 



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SECTION THREE [Content of Orders] 

Section Three sets forth the types of court orders that a 
victim may request by filing a complaint. Court orders include 
but are not limited to: 

a. ordering the defendant to refrain from abusing 
the plaintiff whether the defendant is an adult 
or minor; 

b. ordering the defendant to refrain from contacting 
the plaintiff, unless authorized by the court, 
whether the defendant is an adult or minor; 

c. ordering the defendant to vacate forthwith and 
remain away from the household, multiple family 
dwelling, and workplace. Notwithstanding the 
provisions of section thirty-four B of chapter 
two hundred and eight, an order to vacate shall 
be for a fixed period of time, not to exceed one 
year, at the expiration of which time the court 
may extend any such order upon motion of the 
plaintiff, with notice to the defendant, for such 
additional times as it deems necessary to protect 
the plaintiff from abuse; 

d. awarding the plaintiff temporary custody of a 
minor child; 

e. ordering the defendant to pay temporary support 
for the plaintiff or any child in the plaintiff's 
custody or both, when the defendant has a legal 
obligation to support such a person. In 
determining the amount to be paid, the court 
shall apply the standards established in the 
child support guidelines; 

f. ordering the defendant to pay the person abused 
monetary compensation for losses suffered as a 
direct result of such abuse. Compensatory losses 
shall include, but not be limited to, loss of 
earnings or support, costs for restoring 
utilities, out-of-pocket losses for injuries 
sustained, replacement costs for locks or 
personal property removed or destroyed, medical 
and moving expenses and reasonable attorney's 
fees ; 



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g. ordering the plaintiff's address to be impounded 
as provided in Section Nine; 

h. ordering the defendant to refrain from abusing or 
contacting the plaintiff's child, or child in 
plaintiff's care or custody, unless authorized by 
the court; 

i. the judge may recommend to the defendant that the 
defendant attend a recognized batterer's 
treatment program. 

A court is explicitly authorized under Section Three to 
order the defendant to refrain from contacting the victim or 
the victim's child or any child in the victim's care. Such "no 
contact" orders apply to multiple family dwellings as well as 
to the victim's household and workplace. (§§ 3(c) and 3(d)) 
In addition, a court may also issue child custody orders (even 
where the parties have never been married) and child support 
orders in accordance with the child support guidelines. 
However, a child support order is only permissible where the 
defendant has a pre-existing legal obligation to pay support. 
(§§ 3(d) and 3(e)). 

A judge may order the defendant to pay the victim for any 
expenses caused by the abuse such as physician or hospital 
bills, lost wages, attorney's fees, or shelter expenses. Such 
an order may also include costs for restoring utilities and 
replacement costs for locks and personal property removed or 
destroyed. (§ 3(f)) 



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The judge may also recommend that a defendant attend a 
recognized batterer's treatment program. (§ 3(i)) 

Section Three prohibits a court from compelling mediation. 
Although the judge may refer the case to the probation 
department or a victim/witness advocate for an information 
gathering session, the court may not compel the parties to meet 
together at these sessions. 

Section Three also limits the power of the court to issue 
mutual restraining orders, requiring a judge to make "specific 
written findings of fact in the event that mutual orders are 
issued." (§ 3(j)) 

There is no statute of limitations on the filing of a 
complaint under Section Three of c. 209A: "A court shall not 
deny any complaint filed under this chapter solely because it 
was not filed within a particular time period after the last 
alleged incident of abuse." 

Section Three provides that every order must state the time 

and date of its expiration and include the date and time for a 

continuation hearing. Any order remains in effect until such 

hearing is held. Although any relief granted by the court 

shall not exceed one year, the victim may obtain an extension 

of orders under the following circumstances: 

If the plaintiff appears at the court at the date and 
time the order is to expire, the court shall determine 
whether or not to extend the order for any additional time 
reasonably necessary to protect the plaintiff or to enter a 
permanent order. The court may also extend the order upon 
motion of the plaintiff, for such additional time as it 
deems necessary to protect from abuse the plaintiff or any 
child in the plaintiff's care or custody. 



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In addition, the fact that no abuse has occurred while the 
order was in effect will not, by itself, prevent the extension 
of the order or the issuance of a new order. 

These orders are not exclusive. The court may draft 
specific orders tailored to the individual needs of the 
victim. For example, a court may issue an order directing the 
defendant to return all house or car keys, or to remain away 
from the victim's school, etc. 

The victim may not be charged a fee for filing a 
complaint. Neither the victim nor his/her attorney shall be 
charged for certified copies of any orders entered by the court 
or for copies of the file. 

Orders issued under c. 209A do not affect title to real 
property. Moreover, c. 209A orders affecting custody or 
support are superseded by any subsequent custody or support 
order from the probate or family court. In addition, a judge 
cannot issue orders for custody or support under c. 209A, where 
there are prior or pending custody or support orders from the 
probate or family court. Chapter 209A does not empower the 
district court to award visitation rights to the defendant. 

The filing of a c. 209A complaint does not preclude any 
other civil or criminal remedies. However, a person who files 
a complaint under c. 209A must disclose prior or pending 
actions for divorce, annulment, paternity, custody or support, 



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guardianship, separate support or legal separation or abuse 
prevention. In cases where there are outstanding orders, a 
person should not be discouraged from filing subsequent c. 209A 
complaints . 

Note that a defendant's violation of a prior protective 
order constitutes both a criminal misdemeanor and contempt of 
court. The victim may file a civil or criminal contempt action 
in addition to seeking criminal charges and may seek any or all 
of these remedies simultaneously. 

SECTION FOUR [Temporary Orders] 

Section Four describes the procedure for obtaining 
temporary orders. A court may issue a temporary order upon the 
victim's filing of a complaint. 

Abuse prevention cases follow a two-step procedure. At the 
first ( ex-parte ) hearing at which the abuse is established, the 
victim can request a number of protective orders (See Section 
Three, above). Following this first hearing, a temporary order 
is issued which is valid for a period of ten (10) days. The 
plaintiff receives a copy of the order, a second copy is sent 
to the police, and the third copy is served on the defendant. 
However, the defendant need not be served in hand. (c. 209A, 
§§ 4, 7; Police Guidelines, § 3.7, p. 8.) Assuming that the 
defendant is served, a second hearing is held at which both 



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2/ 
parties are present. - The court can then vacate, modify or 

continue the temporary orders for up to one year. A judge is 

also required to set up a continuation hearing on the date such 

orders are to expire. As long as the defendant has been served 

with the temporary order, the plaintiff is entitled to ask that 

the temporary orders be extended or that a permanent order be 

entered regardless of whether or not the defendant appears at 

the hearing. (See Section Three, above) 

SECTION FIVE [Afterhours Orders] 

Any judge of the superior, district, family and probate, or 
Boston Municipal Court may issue an order granting relief to a 
victim who demonstrates a substantial likelihood of immediate 
danger of abuse. The order then must be certified by the clerk 
magistrate on the next court day. 

Temporary orders can be issued by phone when the court is 

not in session: 

In the discretion of the justice, such relief may be 
granted and communicated by telephone to an officer or 
employee of an appropriate law enforcement agency, who 
shall record such order on a form of order promulgated for 
such use by the chief administrative justice and shall 
deliver a copy of such order on the next court day to the 
clerk-magistrate of the court having venue and jurisdiction 
over the matter. 



2/ If the defendant has been served with notice of the order 
but does not appear at the hearing, the temporary order 
continues in effect without further court order, (c. 209A, § 4) 



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Police are required to access the emergency judicial system 
when the court is closed for business. (c. 29A, § 6; Police 
Guidelines, § 2.0(E), p. 2) 

If the plaintiff receives an order under this section 
without filing a complaint, he/she must appear at court on the 
next business day to file a complaint. The notice and hearing 
requirements set forth in Section Four apply to orders issued 
under this section. 

Since most cases of domestic violence occur during 
non-business hours, police should know all of the procedures 
that apply during this period. 

SECTION SIX [Police Responsibilities] 
&* Powers and Duties of the Police 

Section Six describes the powers and duties of the police. 

When an officer has reason to believe that a family or 

household member, as defined in Section ONe, has been abused or 

is in danger of being abused, c. 209A requires the officer to 

use all reasonable means to prevent further abuse. The steps 

that an officer shall take, but not be limited to, include the 

following : 

(1) remain on the scene of where said abuse occurred or 
was in danger of occurring as long as the officer has 
reason to believe that at least one of the parties involved 
would be in immediate physical danger without the presence 
of a law officer. This shall include but not be limited to 
remaining in the dwelling for a reasonable period of time; 



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(2) assist the abused person in obtaining medical 
treatment necessitated by an assault, which may include 
driving the victim to the emergency room of the nearest 
hospital, or arranging for appropriate transportation to a 
health care facility, notwithstanding any law to the 
contrary; 

(3) assist the abused person in locating and getting to a 
safe place; including but not limited to a designated 
meeting place for a shelter or a family member's or 
friend's residence. The officer shall consider the 
victim's preference in this regard and what is reasonable 
under all the circumstances; 

(4) give such person immediate and adequate notice of his 
or her rights. Such notice shall consist of handing said 
person a copy of the statement which follows below and 
reading the same to said person. Where said person's 
native language is not English, the statement shall be then 
provided in said person's native language whenever possible 

"You have the right to appear at the Superior, 
Probate and Family, District or Boston Municipal 
Court, if you reside within the appropriate 
jurisdiction, and file a complaint requesting any of 
the following applicable orders: (a) an order 
restraining your attacker from abusing you; (b) an 
order directing your attacker to leave your household, 
building or workplace; (c) an order awarding you 
custody of a minor child; (d) an order directing your 
attacker to pay support for you or any minor child in 
your custody, if the attacker has a legal obligation 
of support and (e) an order directing your attacker to 
pay you for losses suffered as a result of abuse, 
including medical and moving expenses, loss of 
earnings or support, costs for restoring utilities and 
replacing locks, reasonable attorney's fees and other 
out-of-pocket losses for injuries and property damage 
sustained. 

For an emergency on weekends, holidays, or 
weeknights, the police will refer you to a justice of 
the superior, probate and family, district or Boston 
municipal court departments. 

You have the right to go to the appropriate 
district court or the Boston municipal court and seek 
a criminal complaint for threats, assault and battery, 
assault with a deadly weapon, assault with intent to 
kill or other related offenses. 



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If you are in need of medical treatment, you have 
the right to request that an officer present drive you 
to the nearest hospital or otherwise assist you in 
obtaining medical treatment. 

If you believe that police protection is needed 
for your physical safety, you have the right to 
request that the officer present remain at the scene 
until you and your children can leave or until your 
safety is otherwise ensured. You may also request 
that the officer assist you in locating and taking you 
to a safe place, including but not limited to a 
designated meeting place for a shelter or a family 
member's or a friend's residence, or a similar place 
of safety. 

You may request a copy of the police incident 
report at no cost from the police department." 

(5) assist such person by activating the emergency 
judicial system when the court is closed for business; (See 
Section Five, above) 

(6) inform the victim that the abuser will be eligible for 
bail and may be promptly released; and 

(7) arrest any person a law officer witnesses or has 
probable cause to believe has violated a temporary or 
permanent vacate, restraining, or no-contact order or 
judgment issued pursuant to section eighteen, thirty-four B 
or thirty-four C of chapter two hundred and eight, section 
thirty-two of chapter two hundred and nine, section three, 
four or five of this chapter, or sections fifteen or twenty 
of chapter two hundred and nine C. When there are no 
vacate, restraining, or no-contact orders or judgments in 
effect, arrest shall be the preferred response whenever an 
officer witnesses or has probable cause to believe that a 
person: 

(a) has committed a felony; 

(b) has committed a misdemeanor involving abuse as 
defined in section one of this chapter; 

(c) has committed an assault and battery in violation 
of section thirteen A of chapter two hundred and 
sixty-five . 



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The safety of the victim and any involved children 
shall be paramount in any decision to arrest. Any officer 
arresting both parties must submit a detailed, written 
report in addition to an incident report, setting forth the 
grounds for dual arrest. 

Subsection (7) of Section Six now mandates an arrest where 
a temporary or permanent restraining order has been violated in 
the presence of police or where police have probable cause to 
believe that such a violation has occurred. In addition, a 
violation of a "vacate," "refrain from abuse" or "no contact" 
order issued under G.L. Chapters 208, 209, 209A or 209C 
mandates an arrest and is subject to criminal penalties under 
c. 209A, § 7. 

Please note that when a judge has issued a vacate, 
no-contact, and/or refrain from abuse order under c. 209A, 
certain additional conditions may have been imposed by the 
judge. These additional conditions may include granting 
temporary custody of the minor children to the petitioning 
parent or ordering the defendant to pay for child support, 
damage to property, replacement of locks, etc. In the past, 
there has been some confusion as to whether a criminal 
complaint for violation of a 209A order can be pursued if, for 
example, a defendant fails to pay the monies ordered by the 
court but has not violated either the vacate or refrain from 
abuse order. A criminal complaint and related criminal 
sanctions for violation of a c. 209A order are only permissible 
when the vacate, no contact, and/or refrain from abuse 



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provisions of the order have been violated . Violations of 
other conditions are enforceable through civil contempt 
proceedings . 

Pursuant to Subsection (7) of Section Six, arrest is the 
"preferred response" when no orders are in effect but the 
officer has probable cause to believe that a person has 
committed a felony, an assault and battery or a misdemeanor 
involving "abuse". Abuse is specifically defined in Section 
One to include "placing another in fear of imminent serious 
physical harm" which, under appropriate circumstances, could 
include threats. (c. 2091A, §§ 1, 7; Police Guidelines, § 2.0 
(G) and (H), p. 2). While arrest under these circumstances is 
authorized, it is not mandated under the law. 

Nothing in c. 209A requires the officer to present a 
complaint to a court or justice or to obtain a warrant before 
making an arrest, if the criteria for arrest set forth in 
Subsection 7 of Section Six are met. The authority to arrest 
for a misdemeanor involving abuse is a statutory exception to 
the complaint and warrant requirements of G.L. c. 275, §§ 2, 3 
discussed in Waaenmann v. Adams , 829 F.2d 196, 207-08 (1st Cir. 
1987) . 

B. Additional Provisions 

"Reasonable efforts" must be made by anyone authorized to 
make bail to inform the victim prior to a defendant's release 
upon posting bail. 



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Additionally/ Section Six now requires that upon request by 
the victim, either the court or an emergency response judge can 
issue a written no-contact order. 

Finally, Section Six also addresses a police officer's 

civil liability for responding to a domestic violence call: 

No law officer shall be held liable in any civil 
action regarding personal injury or injury to property 
brought by any party to a domestic violence incident for an 
arrest based on probable cause when such officer acted 
reasonably and in good faith and in compliance with this 
chapter and the statewide policy as established by the 
secretary of public safety. 

C. Violation of Orders Issued by Probate. Family, or 
Superior Courts 

1. Probate and Family Court : Historically, when an order 

to vacate or refrain from abuse issued by the Probate or Family 

Court pursuant to c. 208, § 34B was violated, c. 208, § 34C 

provided for criminal penalties. However, in 1990, Section 34C 

was amended to provide for criminal penalties for violation an 

order for custody issued pursuant to any abuse prevention action 

as well as for violation of an order prohibiting a person from 

imposing any restraint on the personal liberty of another person 

under c. 209A, §§ 3, 4, or 5, and c. 209C, §§ 15 or 20. As a 

result, it now appears that violation of a custody order is a 

criminal offense under § 34C. However, violation of a custody 

order is not an arrestable offense under c. 209A, § 6(7). In 

addition, in most cases, there will be no other crime to be 

charged in addition to violation of a restraining order. This 

is in contrast to other actions which often suggest other 

criminal charges. For example, violation of a vacate order 



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suggests trespass; violation of a no-contact order suggests 
threats or assault; and violation of a refrain from abuse order 
suggests assault and battery, etc. However, interference with 
the custody rights of another suggests a civil remedy except in 
the instance of a parental kidnapping. Thus, Chapter 34C 
requires further amendment to correct this problem. 

2. Superior Court : The police frequently receive copies 
of Superior Court restraining orders, enjoining parties from 
contacting or visiting another party, which are issued in the 
course of litigation that has nothing to do with divorce, 
separate support or disputes between family or household 
members. These orders are civilly enforceable only; police 
response is the same as in any non-domestic matter. However, 
any vacate or restraining order issued under c. 209A , whether 
from District, Probate and Family, Superior or Boston Municipal 
Court, is criminally enforceable and its violation requires an 
arrest . 

D. Victim Safety 

The victim's safety is paramount in any domestic violence 
case. Under c. 209A, the police are required to take all 
reasonable steps to insure that the victim is safe. In 
addition to making arrests when appropriate, the police may be 
required to remain on the scene until the victim's safety is 
assured, to transport the victim elsewhere, and to assist the 



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victim in obtaining necessary medical treatment. (c. 209A, § 6 
(1), (2) and (3); Police Guidelines, § 2.0 (C) , p. 2) If the 
defendant agrees to leave the residence but to pack his 
belongings in another room, police may keep the defendant in 
view by following him through the residence. Commonwealth v. 
Rexach, 20 Mass. App. Ct . 919 (1985). Under c. 209A, police 
must read aloud a notice of rights to the victim and provide 
him/her with a printed copy of such rights in the victim's 
native language when possible. 

Issues of tenancy, immigration status, custody and 
visitation, and marital status must not affect and are not 
relevant to the enforcement obligations of police under c. 
209A. Arrests should be made and outstanding protective orders 
enforced without regard to any argument by the defendant that, 
for example, his name on the lease to the apartment gives him 
possessory rights, or that a custody agreement entitles him to 
visit the home. 

Police officers must fill out incident reports whenever 
they respond to domestic violence calls in accordance with the 
standards of the officer's law enforcement agency. 
Documentation of a defendant's prior mistreatment of the victim 
may be admissible in some cases to show the defendant's mental 
state or intent to harm the victim. Commonwealth v . Jordan , 
(No. 1), 397 Mass. 489, 492 (1986). In the event of a dual 



-18- 



arrest, the police must submit a detailed written report in 
addition to the incident report setting forth the basis for the 
dual arrest. The police may not suggest a dual arrest as a 
means of discouraging requests for law enforcement 
intervention. (c. 209A, § 6(7); Police Guidelines § 2.0, p. 3) 

SECTION SEVEN [Service and enforcement of orders] 

This section pertains to the service of court orders on the 
defendant. It requires that the court clerk transmit two 
certified copies of all orders and one copy of the complaint 
and summons to the appropriate law enforcement agency. Unless 
otherwise ordered by the court, the police must serve one copy 
of all orders and the copy of the complaint and summons on the 
defendant. There is no requirement, however, that the 
defendant be served in hand. In addition, Section Seven 
specifically authorizes service of complaints, summonses, and 
orders on Sunday. 

Each order must contain the statement: VIOLATION OF THIS 
ORDER IS A CRIMINAL OFFENSE. As set forth in this section, a 
violation is punishable by a fine of not more than five 
thousand dollars or by imprisonment in the house of correction 
for not more than two and one-half years, or both. The court 
must notify the police when any order is vacated. 



-19- 



If a defendant is convicted of a violation of a restraining 
order, and has no prior record of any crime of violence, then 
the court can ask that he be evaluated by a certified 
batterer's treatment program. If the evaluation indicates that 
he is amenable to treatment, then the court may order the 
defendant to receive appropriate treatment in addition to any 
other penalty. If the defendant fails to participate in 
treatment as ordered, then any suspended sentence will be 
imposed. The court may also order treatment for substance 
abuse. The defendant is responsible for the cost of the 
treatment, if he can afford it. 

Where an abuse prevention order is violated, the court may 
order the defendant to pay the victim for all damages 
including, but not limited to, cost for shelter or emergency 
housing, loss of earnings or support, out-of-pocket losses for 
injuries sustained or property damaged, medical expenses, 
moving expenses, cost for obtaining an unlisted telephone 
number, and reasonable attorney's fees. 

The criminal remedies provided in Section Seven are not 
exclusive. A criminal action does not preclude enforcement of 
such orders by civil contempt procedure. 

SECTION EIGHT [Confidentiality of records.] 

This section permits the court to impound the victim's 
address. The victim may request that the court impound his/her 



-20- 



address, keep it from appearing on orders, and otherwise ensure 
that the address remains confidential. 

Records of cases brought under c. 209A shall be withheld 
from public inspection. 

SECTION NINE [Standard complaint form.] 

Section Nine requires the administrative judges of the 
superior, district, family and probate, and Boston municipal 
court departments to promulgate a standard form complaint. If 
no form complaint is available, a plaintiff may prepare and 
file a complaint pro se . 



0398T 



-21- 



M.G.L. c. 209A ABUSE PREVENTION 

209A § 1 
Definitions 

As used in this chapter the following words shall have the following meanings: 

"Abuse", the occurrence of one or more of the following acts between family or 
household members: 

(a) attempting to cause or causing physical harm; 

(b) placing another in fear of imminent serious physical harm; 

(c) causing another to engage involuntarily in sexual relations by force, threat or 
duress. 

"Court", the superior, probate and family, district or Boston municipal court depart- 
ments of the trial court, except when the petitioner is in a dating relationship when 
"Court" shall mean district, probate, or Boston municipal courts. 

"Family or household members", persons who: 

(a) are or were married to one another; 

(b) are or were residing together in the same household; 

(c) are or were related by blood or marriage; 

(d) having a child in common regardless or ' whether they have ever married or lived 
together; or 

(e) are or have been in a substantive dating or engagement relationship, which shall be 
adjudged by district, probate or Boston municipal courts consideration of the following 
factors: 

(1) the length of time of the relationship; (2) the type of relationship; (3) the frequency 
of interaction between the parties; and (4) if the relationship has been terminated by 
either person, the length of time elapsed since the termination of the relationship. 

"Law officer", any officer authorized to serve criminal process. 

"Vacate order", court order to leave and remain away from a premises and surrender- 
ing forthwith any keys to said premises to the plaintiff. The defendant shall not damage 
any of the plaintiffs belongings or those of any other occupant and shall not shut off or 
cause to be shut off any utilities or mail delivery to the plaintiff. In the case where the 
premises designated in the vacate order is a residence, so long as the plaintiff is living at 
said residence, the defendant shall not interfere in any way with the plaintiffs right to 
possess such residence, except by order or judgment of a court of competent jurisdiction 
pursuant to appropriate civil eviction proceedings, a petition to partition real estate, or a 
proceeding to divide marital property. A vacate order may include in its scope a 
household, a multiple family dwelling and the plaintiffs workplace. When issuing an 
order to vacate the plaintiffs workplace, the presiding justice must consider whether the 
plaintiff and defendant work in the same location or for the same employer. 

209A § 2. 

Venue 

Proceedings under this chapter shall be filed, heard and determined in the 
superior court department or the Boston municipal court department or 
respective divisions of the probate and family or district court departments 
having venue over the plaintiffs residence. If the plaintiff has left a residence 
or household to avoid abuse, such plaintiff shall have the option of commenc- 
ing an action in the court having venue over such prior residence or house- 
hold, or in the court having venue over the present residence or household. 



-22- 



209A § 3 

Remedies; period of relief 

A person suffering from abuse from an adult or minor family or household member 
may file a complaint in the court requesting protection from such abuse, including, but 
not limited to, the following orders: 

(a) ordering the defendant to refrain from abusing the plaintiff, whether the defendant 
is an adult or minor; 

(b) ordering the defendant to refrain from contacting the plaintiff, unless authorized by 
the court, whether the defendant is an adult or minor; 

(c) ordering the defendant to vacate forthwith and remain away from the household, 
multiple family dwelling, and workplace. Notwithstanding the provisions of section 
thirty-four B of chapter two hundred and eight, an order to vacate shall be for a fixed 
period of time, not to exceed one year, at the expiration of which time the court may 
extend any such order upon motion of the plaintiff, with notice to the defendant, for such 
additional time as it deems necessary to protect the plaintiff from abuse; 

(d) awarding the plaintiff temporary custody of a minor child; 

(e) ordering the defendant to pay temporary support for the plaintiff or any child in the 
plaintiffs custody or both, when the defendant has a legal obligation to support such a 
person. In determining the amount to be paid, the court shall apply the standards 
established in the child support guidelines; 

(f) ordering the defendant to pay the person abused monetary compensation for the 
losses suffered as a direct result of such abuse. Compensatory losses shall include, but 
not be limited to, loss of earnings or support, costs for restoring utilities, out-of-pocket 
losses for injuries sustained, replacement costs for locks or personal property removed or 
destroyed, medical and moving expenses and reasonable attorney's fees; 

(g) ordering the plaintiffs address to be impounded as provided in section nine; 

(h) ordering the defendant to refrain from abusing or contacting the plaintiffs child, or 
child in plaintiffs care or custody, unless authorized by the court; 

(i) the judge may recommend to the defendant that the defendant attend a recognized 
batterer's treatment program. 

No filing fee shall be charged for the filing of the complaint Neither the plaintiff nor 
the plaintiffs attorney shall be charged for certified copies of any orders entered by the 
court, or any copies of the file reasonably required for future court action or as a result 
of the loss or destruction of plaintiffs copies. 

Any relief granted by the court shall be for a fixed period of time not to exceed one 
year. Every order shall on its face state the time and date the order is to expire and shall 
include the date and time that the matter will again be heard. If the plaintiff appears at 
the court at the date and time the order is to expire, the court shall determine whether or 
not to extend the order for any additional time reasonably necessary to protect the 
plaintiff or to enter a permanent order. When the expiration date stated on the order is 
on a weekend day or holiday, or a date when -he court is closed to business, the order 
shall not expire until the next date that the court is open to business. The plaintiff may 
appear on such next court business day at the time designated by the order to request 
that the order be extended. The court may also extend the order upon motion of the 
plaintiff, for such additional time as it deems necessary to protect from abuse the plaintiff 
or any child in the plaintiffs care or custody. The fact that abuse has not occurred 
during the pendency of an order shall not, in itself, constitute sufficient ground for 
denying or failing to extend the order, of allowing an order to expire or be vacated, or for 
refusing to issue a new order. 

The court may modify its order at any subsequent time upon motion by either party. 
When the plaintiff s address is impounded and the defendant has filed a motion to modify 
the court's order, the court shall be responsible for notifying the plaintiff. In no event 
shall the court disclose any impounded address. 

No order under this chapter shall in any manner affect title to real property. 

No court shall compel parties to mediate any aspect of their case. Although the court 
mav refer the case to the family service office of the probation department or victim/wit- 
ness advocates for information gathering purposes, the court shall not compel the parties 
to meet together in such information gathering sessions. 



-23- 



209A §3 (Cont.) 

A court shall not deny any complaint filed under this chapter solely because it was not 
filed within a particular time period after the last alleged incident of abuse. 

A court may issue a mutual restraining order or mutual no-contact order pursuant to 
any abuse prevention action only if the court has made specific written findings of fact. 
The court shall then provide a detailed order, sufficiently specific to apprise any law 
officer as to which party has violated the order, if the parties are in or appear to be in 
violation of the order. 

Any action commenced under the provisions of this chapter shall not preclude any other 
civil or criminal remedies. A party filing a complaint under this chapter shall be required 
to disclose any prior or pending actions involving the parties for divorce, annulment, 
paternity, custody or support, guardianship, separate support or legal separation, or 
abuse prevention. 

If there is a prior or pending custody support order from the probate and family court 
department of the trial court, an order issued in the superior, district or Boston municipal 
court departments of the trial court pursuant to this chapter may include any relief 
available pursuant to this chapter except orders for custody or support. 

If the parties to a proceeding under this chapter are parties in a subsequent proceeding 
in the probate and family court department for divorce, annulment, paternity, custody or 
support, guardianship or separate support, any custody or support order or judgment 
issued in the subsequent proceeding shall supersede any prior custody or support order 
under this chapter. 



209A § 4 

Temporary orders; notice; hearing 

Upon the filing of a complaint under this chapter, the court may enter such temporary 
orders as it deems necessary to protect a plaintiff from abuse, including relief as provided 
in section three. Such relief shall not be contingent upon the filing of a complaint for 
divorce, separate support, or paternity action. 

If the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, the 
court may enter such temporary relief orders without notice as it deems necessary to 
protect the plaintiff from abuse and shall immediately thereafter notify the defendant 
that the temporary orders have been issued. The court shall give the defendant an 
opportunity to be heard on the question of continuing the temporary order and of 
granting other relief as requested by the plaintiff no later than ten court business days 
after such orders are entered. 

Notice shall be made by the appropriate law enforcement agency as provided in section 
seven. 

If the defendant does not appear at such subsequent hearing, the temporary orders 
shall continue in effect without further order of the court. 



-24- 



209A § 5. 

Granting of relief when court closed; certification 

When the court is closed for business, any justice of the superior, probate and family, 
district or Boston municipal court departments may grant relief to the plaintiff as 
provided under section four if the plaintiff demonstrates a substantial likelihood of 
immediate danger of abuse. In the discretion of the justice, such relief may be granted 
and communicated by telephone to an officer or employee of an appropriate law enforce 
ment agency, who shall record such order on a form of order promulgated for such use by 
the chief administrative justice and shall deliver a copy of such order on the next court 
day to the clerk-magistrate of the court having venue and jurisdiction over the matter. If 
relief has been granted without the filing of a complaint pursuant to this section of this 
chapter, then the plaintiff shall appear in court on the next available business day to file 
said complaint. Notice to the plaintiff and defendant and an opportunity for the 
defendant to be heard shall be given as provided in said section four. 

Any order issued under this section and any documentation in support thereof shall be 
certified on the next court day by the clerk-magistrate or register of the court issuing 
such order to the court having venue and jurisdiction over the matter. Such certification 
to the court shall have the effect of commencing proceedings under this chapter and 
invoking the other provisions of this chapter but shall not be deemed necessary for an 
emergency order issued under this section to take effect 

209A § 6 

Powers of police 

Whenever any law officer has reason to believe that a family or household member has 
been abused or is in danger of being abused, such officer shall use all reasonable means 
to prevent further abuse. The officer shall take, but not be limited to the following 
action: 

(1) remain on the scene of where said abuse occurred or was in danger of occurring as 
long as the officer has reason to believe that at least one of the parties involved would be 
in immediate physical danger without the presence of a law officer. This shall include, 
but not be limited to remaining in the dwelling for a reasonable period of time; 

(2) assist the abused person in obtaining medical treatment necessitated by an assault, 
which may include driving the victim to the emergency room of the nearest hospital, or 
arranging for appropriate transportation to a health care facility, notwithstanding any 
law to the contrary; 

(3) assist the abused person in locating and petting to a safe place: including but not 
limited to a designated meeting place for a shelter or a family member's or friend's 
residence. The officer shall consider the victim's preference in this regard and what is 
reasonable under all the circumstances: 

(4) give such person immediate and adequate notice of his or her rights. Such notice 
shall consist of handing said person a copy of the statement which follows below and 
reading the same to said person. Where said person s native language is not English, the 
statement shall be then provided in said person's native language whenever possible. 

"You have the right to appear at the Superior. Probate and Family, District or Boston 
Municipal Court, if you reside within the appropriate jurisdiction, and file a complaint 
requesting any of the following applicable orders: (a) an order restraining your attacker 
from abusing you; (b) an order directing your attacker to leave your household, building 
or workplace: (c) an order awarding you custody of a minor child; (d) an order directing 
your attacker to pay support for you or any minor child in your custody, if the attacker 
has a legal obligation of support: and (e) an order directing your attacker to pay you for 
losses suffered as a result of abuse, including medical and moving expenses, loss of 
earnings or support, costs for restoring utilities and replacing locks, reasonable attorney's 
fees and other out-of-pocket losses for injuries and property damage sustained. 

For an emergency on weekends, holidays, or weekniphts the police will refer you to a 
justice of the superior, probate and family, district, or Boston municipal court depart- 
ments. 



-25- 



209A §6 (cont.) 

You have the right to go to the appropriate district court or the Boston municipal court 
and seek a criminal complaint for threats, assault and battery, assault with a deadly 
weapon, assault with intent to kill or other related offenses. 

If you are in need of medical treatment, you have the right to request that an officer 
present drive you to the nearest hospital or otherwise assist you in obtaining medical 
treatment 

If you believe that police protection is needed for your physical safety, you have the 
right to request that the officer present remain at the scene until you and your children 
can leave or until your safety is otherwise ensured. You may also request that the 
officer assist you in locating and taking you to a safe place, including but not limited to a 
designated meeting place for a shelter or a family member's or a friend's residence, or a 
similar place of safety. 

You may request a copy of the police incident report at no cost from the police 
department" 

The officer shall leave a copy of the foregoing statement with such person before 
leaving the scene or premises. 

(5) assist such person by activating the emergency judicial system when the court is 
closed for business; 

(6) inform the victim that the abuser will be eligible for bail and may be promptly 
released; and 

(7) arrest any person a law officer witnesses or has probable cause to believe has 
violated a temporary or permanent vacate, restraining, or no-contact order or judgment 
issued pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred 
and eight section thirty-two of chapter two hundred and nine, section three, four or five 
of this chapter, or sections fifteen or twenty of chapter two hundred and nine C. When 
there are no vacate, restraining, or no-contact orders or judgments in effect, arrest shall 
be the preferred response whenever an officer witnesses or has probable cause to believe 
that a person: 

(a) has committed a felony; 

(b) has committed a misdemeanor involving abuse as defined in section one of this 
chapter; 

(c) has committed an assault and battery in violation of section thirteen A of chapter 
two hundred and sixty-five. 

The safety of the victim and any involved children shall be paramount in any decision to 
arrest. Any officer arresting both parties must submit a detailed, written report in 
addition to an incident report, setting forth the grounds for dual arrest. 

No law officer investigating an incident of domestic violence shall threaten, suggest, or 
otherwise indicate the arrest of all parties for the purpose of discouraging requests for 
law enforcement intervention by any party. 

No law officer shall be held liable in any civil action regarding personal injury or injury 
to property brought by any party to a domestic violence incident for an arrest based on 
probable cause when such officer acted reasonably and in good faith and in compliance 
with this chapter and the statewide policy as established by the secretary of public safety. 

Whenever any law officer investigates an incident of domestic violence, the officer shall 
immediately file a written incident report in accordance with the standards of the officer s 
law enforcement agency and, wherever possible, in the form of the National Incident- 
Based Reporting System, as defined by the Federal Bureau of Investigation. The latter 
information may be submitted voluntarily by the local police on a monthly basis to the 
crime reporting unit of the criminal history systems board. 

The victim shall be provided a copy of the full incident report at no cost upon request to 
the appropriate law enforcement department. 

When a judge or other person authorized to take bail bails any person arrested under 
the provisions of this chapter, he shall make reasonable efforts to inform the victim of 
such release prior to or at the time of said release. 

When any person charged with or arrested for a crime involving abuse under this 
chapter is released from custody, the court or the emergency response judge shall issue, 
upon the request of the victim, a written no-contact order prohibiting the person charged 
or arrested from having any contact with the victim and shall use all reasonable means to 
notify the victim immediately of release from custody. The victim shall be given at no 
cost a certified copy of the no-contact order. 



-26- 



209A §7 

Court orders; service; enforcement; violations 

Whenever the court orders under sections eighteen, thirty-four B, and thirty-four C of 
chapter two hundred and eight, section thirty-two of chapter two hundred and nine, 
sections three, four and five of this chapter, or sections fifteen and twenty of chapter two 
hundred and nine C, the defendant to vacate, refrain from abusing the plaintiff or to have 
no contact with the plaintiff or the plaintiffs minor child, the register or clerk-magistrate 
shall transmit two certified copies of each such order and one copy of the complaint and 
summons forthwith to the appropriate law enforcement agency which, unless otherwise 
ordered by the court, shall serve one copy of each order upon the defendant, together 
with a copy of the complaint, order and summons. The law enforcement agency shall 
promptly make its return of service to the court. 

Law enforcement officers shall use every reasonable means to enforce such abuse 
prevention orders. Law enforcement agencies shall establish procedures adequate to 
insure that an officer on the scene of an alleged violation of such order may be informed 
of the existence and terms of such order. The court shall notify the appropriate law 
enforcement agency in writing whenever any such order is vacated and shall direct the 
agency to destroy all record of such vacated order and such agency shall comply with that 
directive. 

Each abuse prevention order issued shall contain, the following statement* VIOLA- 
TION OF THIS ORDER IS A CRIMINAL OFFENSE. 

Any violation of such order shall be punishable by a fine of not more than five thousand 
dollars, or by imprisonment for not more than two and one-half years in a house of 
correction, or by both such fine and imprisonment Where the defendant has no prior 
record of any crime of violence and where the court believes, after evaluation by a 
certified or provisionally certified batterer's treatment program, that the defendant is 
amenable to treatment the court may, in addition to any other penalty, order appropriate 
treatment as specified in this section. If a defendant ordered to undergo treatment has 
received a suspended sentence, the original sentence shall be reimposed if the defendant 
fails to participate in said program as required by the terms of his probation. 

When a defendant has been ordered to participate in a treatment program pursuant to 
this section, the defendant shall be required to regularly attend a certified or provisionally 
certified batterer's treatment program. To the extent permitted by professional require- 
ments of confidentiality, said program shall communicate with local battered women's 
programs for the purpose of protecting the victim's safety. Additionally, it shall specify 
the defendant's attendance requirements and keep the probation department informed of 
whether the defendant is in compliance. 

In addition to, but not in lieu of, such orders for treatment, if the defendant has a 
substance abuse problem, the court may order appropriate treatment for such problem. 
All ordered treatment shall last until the end of the probationary period or until the 
treatment program decides to discharge the defendant, whichever comes iirst When the 
defendant is not in compliance with the terms of probation, the court shall hold a 
revocation of probation heanng. To the extent possible, the defendant shall be respon- 
sible for paying all costs for court ordered treatment. 

In each instance where there is a violation of an abuse prevention order, the court may 
order the defendant to pay the plaintiff for all damages including, but not limited to. cost 
for shelter or emergency housing, loss of earnings or support, out-of-pocket losses for 
injuries sustained or property damaged, medical expenses, moving expenses, cost for 
obtaining an unlisted telephone number, and reasonable attorney s fees. 

Any such violation may be enforced in the superior, the district or Boston municipal 
court departments. Criminal remedies provided herein are not exclusive and do not 
preclude any other available civil or criminal remedies. The superior, probate and family, 
district and Boston municipal court departments may each enforce by civil contempt 
procedure a violation of its own court order. 

The provisions of section eight of chapter one hundred and thirty-six shall not apply to 
any order, complaint or summons issued pursuant to this section. 



-27- 



209A § 8 

Address of plaintiff; exclusion from court documents; confidentiali- 
ty of records 

Upon the request of the plaintiff, the court shall impound the plaintiffs 
address by excluding same from the complaint and from all other court 
documents which are available for public inspection, and shall ensure that the 
address is kept confidential from the defendant and defendant's attorney. 

The records of cases arising out of an action brought under the provisions 
of this chapter where the plaintiff or defendant is a minor shall be withheld 
from public inspection except by order of the court; provided, that such 
records shall be open, at all reasonable times, to the inspection of the minor, 
said minor's parent, guardian, attorney, and to the plaintiff and the plaintiffs 
attornev, or anv of them. 



209A § 9. 

Form of complaint; promulgation 

The administrative justices of the superior court, probate and family court, 
district court, and the Boston municipal court departments shall jointly 
promulgate a form of complaint for use under this chapter which shall be in 
such form and language to permit a plaintiff to prepare and file such 
complaint pro se. 



-28- 



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-35- 



RELATED STATUTES 



M.G.L. c. 208: DIVORCE 



208 § 18. 

Pendency of action for divorce; protection of personal liberty of 
spouse; restraint orders authorized 

The probate court in which the action for divorce is pending may, upon petition of the 
wife, prohibit the husband, or upon petition of the husband, prohibit the wife from 
imposing any restraint upon her or his personai liberty during the pendency of the action 
for divorce. Upon the petition of the husband or wife or the g uardian of either, the court 
may make such further order as it deems necessary to protect either party or their 
children, to preserve the peace or to carry out the purposes of this section relative to 
restraint on personal liberty. 



208 §34B 

Order to vacate marital home 

Any court having jurisdiction of actions for divorce, or for nullity of 
marriage or of separate support or maintenance, may, upon commencement 
of such action and during the pendency thereof, order the husband or wife to 
vacate forthwith the marital home for a period of time not exceeding ninety 
days, and upon further motion for such additional certain period of time, as 
the court deems necessary or appropriate if the court finds, after a hearing, 
that the health, safety or welfare of the moving party or any minor children 
residing with the parties would be endangered or substantially impaired by a 
failure to enter such an order. The opposing party shall be given at least 
three days' notice of such hearing and may appear and be heard either in 
person or by his attorney. If the moving party demonstrates a substantial 
likelihood of immediate danger to his or her health, safety or welfare or to 
that of such minor children from the opposing party, the court may enter a 
temporary order without notice, and shall immediately thereafter notify said 
opposing party and give him or her an opportunity to be heard as soon as 
possible but not later than five days after such order is entered on the 
question of continuing such temporary order. The court may issue an order 
to vacate although the opposing party does not reside in the marital home at 
the time of its issuance, or if the moving party has left such home and has not 
returned there because of fear for his or her safety or for that of any minor 
children. 



-36- 



M.G.L. c. 208: DIVORCE (Cont.) 

208 § 34C. 



Orders to vacate marital home and orders of restraint; notice to law 
enforcement agencies; procedures; violations 

Whenever a division of the probate and family court department issues an order to 
vacate under the provisions of section thirty-four B, or an order prohibiting a person from 
imposing any restraint on the personal liberty of another person under section eighteen or 
under the provisions of section thirty-two of chapter two hundred and nine or section 
three, four or five of chapter two hundred and nine A or section fifteen or twenty of 
chapter two hundred and nine C or an order for custody pursuant to any abuse prevention 
action, the register shall transmit two certified copies of. each order forthwith to the 
appropriate law enforcement agency which shall serve one copy of each such order upon 
the defendant Unless otherwise ordered by the court, service shall be by delivering a 
copy in hand to the defendant Law enforcement officers shall use every reasonable 
means to enforce such order. Law enforcement agencies shall establish procedures 
adequate to insure that an officer at the scene of an alleged violation of such order may 
be informed of the existence and terms of such order. 

The court shall notify the appropriate law enforcement agency in writing 
whenever any such order is vacated by the court and shall direct the agency to 
destroy all records of such vacated order and such agency shall comply with 
such directive. 

Any violation of such order shall be punishable by a fine of not more than 
five thousand dollars or by imprisonment for not more than two and one-half 
years in the house of correction, or both such fine and imprisonment. Each 
such order issued shall contain the following statement: VIOLATION OF 
THIS ORDER IS A CRIMINAL OFFENSE. 

Any such violation may be enforced in the superior or district or Boston 
municipal court departments. Criminal remedies provided herein are not 
exclusive and do not preclude any other available civil or criminal remedies. 
The superior, probate and family, district and Boston municipal court depart- 
ments may each enforce by civil contempt procedure a violation of its own 
court order. 



-37- 



M.G.L. c. 209: HUSBAND AND WIFE 



209 § 32 



Order prohibiting restraint of personal liberty of spouse; support, 
custody and maintenance orders; investigations; factors deter- 
mining support amount 



If a spouse fails, without justifiable cause, to provide suitable support of the 
other spouse, or deserts the other spouse, or if a married person has justifi- 
able cause for living apart from his spouse, whether or not the married 
person is actually living apart, the probate court may, upon the complaint of 
the married person, or if he is incompetent due to mental illness or mental 
retardation upon the complaint of the guardian or next friend, prohibit the 
spouse from imposing any restraint upon the personal liberty of the married 
person during such time as the court by its order may direct or until further 
order of the court thereon. Upon the complaint of any such party or 
guardian of a minor child made in accordance with the Massachusetts Rules 
of Civil Procedure the court may make further orders relative to the support 
of the married person and the care, custody and maintenance of minor 
children, may determine with which of the parents the children or any of 
them shall remain and may, from time to time, upon similar complaint revise 
and alter such judgment or make a new order or judgment as the circum- 
stances of the parents or the benefit of the children may require. 

Upon request by the court, the state police, local police or probation officers 
shall make an investigation in relation to any proceedings and report to the 
court. Every such report shall be in writing and shall become a part of the 
record of such proceedings. 

In determining the amount of a support order, if any, to be made, the court shall 
consider, but is not limited to, the following factors, to the extent pertinent and raised by 
the parties: (a) the net income, assets, earning ability, and other obligations of the 
obligor; (b) the number and ages of the persons to be supported; (c) the expenses 
incurred by the obligor and the persons to be supported for the necessities of life, and the 
usual standard of living of the persons to be supported; (d) the assets and net earnings, 
including a deduction for the provision for childcare, of the persons to be supported; (e) 
the marriage or remarriage of any person being supported; and (f) the capacity of any 
person being supported or having custody of supported children, except persons under 
eighteen years of age, to work or to make reasonable efforts to obtain employment, 
including the extent of employment opportunities in fields in which such person is suited 
for employment, the necessity for and availability to said person of job training programs, 
and the extent to which said person is needed during business hours by members of the 
family and the availability to said person of child care services and the extent to which 
such person needs to attend school to obtain skills necessary for employment. When the 
court maices an order for maintenance or support on behalf of a spouse or child, said 
court shall determine whether the obligor under such order has health insurance or other 
health coverage available to him through an employer or organization or has health 
insurance or other health coverage available to him at reasonable cost that may be 
extended to cover the spouse or child for whom support is ordered. When said court has 
determined that the obligor has such insurance or coverage available to him, said court 
shall include in the support order a requirement that the obligor exercise the option of 
additional coverage in favor of the spouse and child or obtain coverage for the spouse and 
child. 

No order shall leave an obligor with less money than is required to provide 
him minimum subsistence, including food, shelter, utilities, clothing and the 
reasonable expenses necessary to travel to or obtain employment. 

-38- 



M.G.L. c. 209C: CHILDREN BORN OUT OF WEDLOCK 



209C § 15 

Temporary orders; final judgments; enforcement 

At any time pursuant to an action under this chapter, the court may upon motion of any 
party or on its own motion issue a temporary order or final judgment including a vacate, 
restraining or no-contact order to protect a party or chfld. Any such order or judgment, 
including a custody provision if issued by a probate court, shall be served as specified 
under sections four and seven of chapter two hundred and nine A and shall contain the 
following statement VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. 
Criminal violations of such orders shall be enforced pursuant to section seven of chapter 
two hundred and nine A. 

The court may, in like manner, upon motion of any party or of a next 
friend on behalf of the child, and upon notice to the other parties, enter 
temporary orders providing for the support of the child or relative to the care 
and custody of the child or visitation rights with the child in accordance with 
the provisions of sections nine and ten. 

All orders entered pursuant to this section, unless modified or revoked pursuant to 
section twenty or twenty-three of chapter two hundred and nine C, shall continue in force 
and be incorporated in the final judgment Violations of any order or judgment may be 
punished as contempt 



209C §20 

Modification of judgments; jurisdiction 

A court with original jurisdiction pursuant to section three has continuing jurisdiction, 
upon a complaint filed by a person or agency entitled to file original actions, to modify 
judgments of support, custody or visitation whenever a substantial change in the 
circumstances of the parties or the child has occurred, provided however, that no 
modification concerning custody or visitation shall be granted unless the court also finds 
it to be in the child's best interests to do so. Except as restricted by section twenty-three, 
the court may also modify a judgment to protect a party or child. 



-39- 



AMENDMENTS TO OTHER CHAPTERS OF THE GENERAL LAWS 
ENACTED BY CHAPTER 4 03 OF THE ACTS OF 1990 

M.G.L. c. 208: DIVORCE 

§ 34C. Order* to vacate marital home and orders of restraint; notice to law enforce- 
ment agencies; procedures; violations 

Whenever a division of the probate and family court department issues an order to 
vacate under the provisions of section thirty-four B, or an order prohibiting a person from 
imposing any restraint on the personal hbert/of another person under section eighteen or 
under the provisions of section thirty-two of chapter two hundred and nine or section 
three, four or five of chapter two hundred and nine A or section fifteen or twenty of 
chapter two hundred and nine C or an order for custody pursuant to any abuse prevention 
action, the register shall transmit two certified copies of each order forthwith to the 
appropriate law enforcement agency winch shall serve one copy of each such order upon 
the defendant. Unless otherwise ordered by the court, service shall be by delivering a 
copy in hand to the defendant Lpt enforcement officers shall use every reasonable 
means to enforce such order. Law enforcement agencies shall establish procedures 
adequate to insure that an officer at the scene of an alleged violation of such order may 
be informed of the existence and terms of such order. 

The court shall notify the appropriate law enforcement agency in writing 
whenever any such order is vacated by the court and shall direct the agency to 
destroy all records of such vacated order and such agency shall comply with 
such directive. 

Any violation of such order shall be punishable by a fine of not more than 
five thousand dollars or by imprisonment for not^more than two and one-half 
years in the house of correction, or both such fine and imprisonment. Each 
such order issued shall contain the following statement: VIOLATION OF 
THIS ORDER IS A CRIMINAL OFFENSE. 

Any such violation may be enforced in ihe superior or district or Boston 
municipal court departments. Criminal remedies provided herein are not 
exclusive and do not preclude any other available civil or criminal remedies. 
The superior, probate and family, district and Boston municipal court depart- 
ments may each enforce by civil contempt procedure a violation of its own 
court order. 



M.G.L. C.209C: CHILDREN BORN OUT OF WEDLOCK 



§ 13. Inspection of documents; copies; segregation of records 

In all actions to establish paternity or in which paternity of a child is an issue, all 
complaints, pleadings, papers, documents, or reports filed in connection therewith, docket 
entries in the permanent docket and record books shall not be available for inspection, 
unless a judge of the court where such orders are kept, for good cause shown, shall 
otherwise order; provided however, that the child, his mother, the man adjudicated to be 
the father and the department of public welfare, when the child who is or was the subject 
of the complaint is a recipient of public assistance or the attorney for any of them, shall 
have access to and the right to obtain copies of the papers, docket books and judgments in 
actions pursuant to this chapter. Section 5AJ For good cause shown, the court shall 
impound a party's address by excluding it from the complaint and from all other court 
documents and testimony, and snail ensure that the address is kept confidential from each 
other party except the IV-D agency as set forth in chapter one hundred and nineteen A. 
Such complaints, reports, pleadings papers, and documents, permanent docket and record 
books shall be segregated. A separate permanent docket book and index shall be 
provided and shall likewise be segregated. 

Amended by SL1990, e. 403, § 9. 
1 So in enrolled bilL 



-40- 



M.G.L. c. 209C: CHILDREN BORN OUT OF WEDLOCK 

§ 15. Temporary order*; final judgments; enforcement 

At any time pursuant to an action under this chapter, the court may upon motion of any 
party or on its own motion issue a temporary order or *"»*! judgment including a vacate, 
restraining or no-contact order to protect a party or child. Any such order or judgment, 
including a custody provision if issued by a probate court, shall be served as specified 
under sections four and seven of chapter two hundred and nine A and shall contain the 
following statement VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. 
Criminal violations of such orders shall be enforced pursuant to section seven of chapter 
two hundred and nine A. 

* TTie court may, in like manner, upon motion of any parry or of a next 
friend on behalf of the child, and upon notice to the other parties, enter 
temporary orders providing for the support of the child or relative to the care 
and custody of the child or visitation rights with the child in accordance with 
the provisions of sections nine and ten. 

All orders entered pursuant to this section, unless modified or revoked pursuant to 
section twenty or twenty-three of chapter two hundred and nine C, shall continue in force 
and be incorporated in the final judgment Violations of any order or judgment may be 
punished as contempt 



§ 20. Modification of judgments; jurisdiction 

the court may also modify a judgment to protect a party or child. 



-41- 



CHAPTER 276: ARREST LAW 



§ 28. Arrest without warrant 

Any officer authorized to serve criminal process may arrest, without a warrant, and 
detain a person found in the act of stealing property in the presence of the officer 
regardless of the value of the property stolen and may arrest, without a warrant, and 
detain a person whom the officer has probable cause to believe has committed a 
misdemeanor by violating a temporary or permanent vacate, restraining, or no-contact 
order or judgment issued pursuant to section eighteen, thirty-four B or thirty-four C of 
chapter two hundred and eight, section three, four or five of chapter two hundred and 
nine A, section thirty-two of chapter two hundred and nine, or section fifteen or twenty of 
chapter two hundred and nine C. Said officer may arrest and detain a person charged 
with a misdemeanor, without having a warrant for such arrest in his possession, if the 
officer making such arrest and detention shall have actual knowledge that a warrant then 
in full force and effect for the arrest of such person has in fact issued. 



OTHER LAWS RELATING TO DOMESTIC VIOLENCE 

CHAPTER 22: DEPARTMENT OF PUBLIC SAFETY 

§ 9U. Domestic abuse; police reports 

The form used by an investigating police officer to make a report concerning any 
incident, offense or alleged offense investigated or any arrest made shall provide a space 
to indicate whether such incident, offense, alleged offense or arrest involved abuse as 
defined in section one of chapter two hundred and nine A. 

Added by SU987, c 93, $ L 



CHAPTER 41: OFFICERS AND EMPLOYEES 
OF CITIES, TOWNS, AND DISTRICTS 

i 98G. Domestic abuse; police reports 

officer SlnaST.li?*** ^ d- 5?S" t **** "■«**« « investigating police 
n*£?JZ?Z /**"** "■""■W M "**«*, offense or alleged offenseinvestiga*d 

ss^feedi^S^^ *** "f 1 "* otfens* slleged offense or arrest involved abuse 
as aezmeo in section one of chapter two hundred and nine A. 

Added by SU987, c 98, | 2. 



-42- 



M.G.L. c. 265: CRIMES AGAINST THE PERSON 



265 § 13A 



Assault or assault and battery; punishment 

Whoever commits an assault or an assault and battery upon another shall 
be punished by imprisonment for not more than two and one half years in a 
house of correction or by a fine of not more than five hundred dollars. 

A summons may be issued instead of a warrant for the arrest of any person 
upon a complaint for a violation of any provision of this section if in the 
judgment of the court or justice receiving the complaint there is reason to 
believe that he will appear upon a summons. 



-43- 



OTHER STATUTES REFERRED TO IN CHAPTER 209A 



M.G.L. c. 136 OBSERVANCE OF A COMMON DAY OF REST AND LEGAL 

HOLIDAYS 



136 § 8 Service or execution of process 

Civil process shall not be served or executed on Sunday, and such service if 
made shall be void, and the person who serves or executes it shall be liable in 
damages to the person aggrieved in like manner as if he had no such process; 
provided, that this section shall not apply to service of such process by 
publication in a newspaper published on Sunday. 
Added by St.1962. c. 616, § 2. 



-44- 



LAW ENFORCEMENT AND DOMESTIC VIOLENCE: 
"commonly ASKED QUESTIONS 17 



I. Interjurisdictional Arrest 

1. A 209A order is in effect in Town A. The husband 
violates the order by assaulting the wife in Town A. 
Husband flees to Town B. Do the Town B police have 
the authority to arrest the husband upon notice of the 
assault by Town A police? 

Town B police may arrest the husband because the mandatory 
arrest provision of Chapter 209A Section (6) (7) requires an 
arrest whenever a police officer has probable cause to believe 
that the defendant has violated a restraining order. This 
means that an officer of a city or town must arrest anyone 
located within his or her jurisdiction who the officer has 
probable cause to believe has violated a restraining order 
under 209A or its related provisions. 

It makes no difference in the determination of probable 
cause that the offense may have been committed in another city 
or town; if a police officer concludes that there is probable 
cause that a restraining order was violated anywhere in the 
Commonwealth, the officer is obligated, within his or her 
jurisdiction, to make the arrest. 

As in any other situation, police officers may rely on 
information provided to them by officers in another 
jurisdiction to establish probable cause. 

2. A 209A order is in effect in Town X. The boyfriend 
calls from Town Y and threatens the girlfriend who is 
in Town X. Do the Town Y Police have the power to 
arrest the boyfriend upon notification by Town X? 

If there is a no-contact order in effect against the 
boyfriend, then the threatening phone call is a violation of 
the order, and the mandatory arrest provision of Chapter 209A 



1/The Attorney General's Office wishes to acknowledge the 
contribution of Cathy Sullivan, Assistant District Attorney, 
Middlesex County, in the preparation of Sections I - III. 



-45- 



is triggered. Therefore, based upon the probable cause 
reasoning contained in the answer to question #1, once the Town 
Y police are notified that the order has been violated, Town Y 
officers are required to arrest the boyfriend. 

II. PROBABLE CAUSE 

1. How long does the "mandatory arrest" power last? Is 
there any problem about the "staleness" of probable 
cause? 

As long as the probable cause does not dissipate, the right 
to arrest continues to exist. In 209A cases, once an officer 
learns that an order has been violated, the probable cause to 
arrest has been established. Unless new facts come to light 
indicating that no restraining order was in effect against the 
defendant at the time of the reported offense, or that the 
report of abuse was unfounded, probable cause, once 
established, continues to exist. 



III. WARRANTS 

1. A 209A order is in effect in Town Q. The husband 
assaults the wife in her home in Town Q. Husband 
flees to his mother's home in Town Q. Can the police 
enter the mother's home to arrest the husband? 

If the mother refuses to allow the police to enter her 
home, the police cannot enter the home, absent exigent 
circumstances, without a search warrant. Therefore, in this 
situation, the police must obtain both a search warrant to gain 
entry to the home and an arrest warrant to apprehend the 
defendant . 

If the husband had fled to his own apartment in Town Q, and 
refused to answer the door, the police must again, absent 
exigent circumstances, first obtain an arrest warrant to enter 
his home and take him into custody. 



IV. SERVICE OF ORDERS 

1. A woman obtains an emergency 209A order against her 
husband. The police attempt in-hand service twice, 
and then leave the order with the husband's sister, 
with whom he is staying. For the purposes of the 
ten-day hearing, is this sufficient notice to the 
husband under Chapter 209A? 



-46- 



Yes, the 1990 Amendments to Chapter 209A expressly deleted 
the in-hand service requirement for service of 209A orders. 
See , Chapter 209A, Section (7). 

2. Regarding multi- jurisdictional problems/ when a victim 
obtains an Emergency 209A from an on-call Justice, can 
the on-call Justice also issue a complaint and arrest 
warrant for the perpetrator? 

An on-call Justice cannot issue a complaint and arrest 
warrant over the phone. For an arrest warrant to be issued, a 
sworn affidavit must be presented in person to the on-call 
judge. 

V. MANDATORY ARREST 

1. If an alleged abuser is not served with a temporary 
restraining order before he appears at the victim's 
door, can you arrest or must you first serve the order 
and tell him to leave and not come back? 

If the perpetrator is at the victim's home, and the only 
alleged violation is of the vacate or no-contact order, then 
the police must serve the order and warn the perpetrator that 
if he returns to the premises, he will be arrested. Unless the 
police have previously served the defendant with the order, 
they cannot arrest him for a violation of the vacate order. 

However, if the situation includes any circumstances which 
would give rise to the "arrest as the preferred response" 
provisions of Chapter 209A, Section 6(7), then the police could 
arrest the perpetrator. Under Section 6(7), arrest is the 
preferred response when the officer has probable cause to 
believe that the individual has committed: (a) a felony; (b) a 
misdemeanor involving abuse as defined in Section One of 
Chapter 209A; or (c) an assault and battery in violation of 
Chapter 265, Section 13A. 

2. Since the police have the right to arrest where 
probable cause exists under Chapter 2 09A, Section 6, 
what is the proper response in the situation where the 
police arrive on the scene and the abuser has fled, 
and the facts indicate either a mandatory arrest 
(violation of an order) or a preferred arrest response 
(probable cause to believe that abuse has occurred)? 
Can the officer go to court and get a complaint and 
warrant issued? What if the clerk refuses to issue a 
warrant? 



-47- 



A major area of confusion concerning 209A has been the 
felony/misdemeanor distinctions in due process owed to the 
defendant. An individual accused of a misdemeanor must receive 
notice and has the right to be heard before a complaint is 
issued. Specifically, under Chapter 218, Section 35A, before 
process (complaint) issues, the District Court must give the 
accused person, written notice of the application and an 
opportunity to be heard in opposition, unless exigent 
circumstances are present . The exigent circumstances that 
remove the need for written notice involve an imminent threat 
of bodily injury, the commission of a crime or of flight from 
the Commonwealth by the accused person. 

Obviously, given the nature of the crimes committed in 
violation of Chapter 209A, there is an inherent "threat of 
bodily injury." In addition, if the abuser has violated a 
restraining order, he has already committed a crime, and would 
more than satisfy the "imminent threat ... of the commission of 
a crime" component of Chapter 218, Section 35A. Finally, in 
the above scenario, the abuser has already fled the scene and 
in light of past experiences with domestic violence cases, 
there is always the likelihood that he will flee - at least 
temporarily - to another state to avoid prosecution. 
Therefore, in this scenario, it would be reasonable to advise 
the clerk that the combination of the arrest authority under 
Chapter 209A, Section 6 and the existence of "exigent 
circumstances" pursuant to Chapter 218, Section 35A would allow 
the issuance of a complaint in the absence of either notice to 
the accused and/or a sworn complaint by the victim. 

In addition, and probably more importantly, the authority 
to arrest for violation of a restraining order must be 
exercised, i.e.. mandatory arrest, and is itself, an exception 
to the warrant requirement. 

3. Is an abuser's failure to surrender the keys to the 

premises a violation of the vacate order and therefore 
subject to mandatory arrest? 

Under the 1990 Amendments, Chapter 209A, Section 6(7) 
explicitly requires mandatory arrest when a temporary or 
permanent vacate, restraining, or no-contact order has been 
violated. Furthermore, chapter 209A, Section 1 was amended to 
include the definition of "vacate order". In pertinent part, 
the statutory definition of "vacate order" includes: 

leave and remain away from the premises; 

surrendering forthwith any keys to said premises to the 
plaintiff; and 



-48- 



shall not shut off or cause to be shut off any utilities or 
mail delivery to the plaintiff. 

Therefore, although it would appear that the traditional 
recourse of contempt would be more appropriate in these purely 
civil matters, the language in Chapter 209A clearly requires 
mandatory arrest for the violation of a vacate order, and since 
"vacate order" includes the surrender of keys, any refusal to 
do so is subject to the mandatory arrest provision of Section 
6(7). The legislative intent behind the mandatory arrest 
provision clearly states that a violation of an order will 
result in arrest, therefore, the inclusion of surrendering 
keys, and not interfering with utilities or mail delivery in 
the statutory definition of a vacate order must also be 
enforced as written. 

VI. LIABILITY ISSUES 

1. Are officers protected from civil suits under 42 
U.S.C. 1983 brought by domestic violence victims? 

No, under both the Federal and State Civil Rights Acts, a 
police officer can be held personally liable. A plaintiff 
bringing suit against a police officer generally relies on one 
of three sources of law: the Massachusetts Torts Claims Act, 
G.L. Chapter 258, Section 2; the Federal Civil Rights Act, 42 
U.S.C. 1983; and the Massachusetts Civil Rights Act, G.L. 
Chapter 12, Section 11H and 111. 

Under the Mass. Torts Claims Act, "public officials shall 
be liable for injury or loss of property or personal injury or 
death caused by the negligent or wrongful act or omission of 
any public employee while acting within the scope of his office 
or employment." The municipality, as a public employer, is 
liable for any judgment rendered, and not the individual 
officer. Since liability under the Mass. Torts claims Act is 
limited to $100,000, most plaintiffs choose to bring suit under 
the Federal and State Civil Rights Acts, which do not limit the 
amount of damages available to a plaintiff. 




(Note: Under Chapter 209A, Section 6(7), "no law officer 
shall be held liable in any civil action regarding personal 
injury or injury to property brought by any party to a domestic 
violence incident for an arrest based on probable cause ...") 



-4§- 



VII. MISCELLANEOUS ISSUES 

1. I received a call from a woman whose daughter (who is 
over age 18) is being beaten by her boyfriend. The 
mother is not a victim of abuse by the boyfriend, but 
the daughter won't file a complaint. 

The key consideration in this situation is whether the 
police have probable cause to arrest the boyfriend. Probable 
cause is unlikely to exist without the victim's (daughter's) 
statement unless the mother is an eyewitness to the abuse. The 
secondary problem here is that even if the police can establish 
probable cause to arrest the boyfriend, if the daughter is 
unwilling to seek a complaint or to prosecute, then there is 
really nothing more that either the mother or the police can do 

2. What if a parent and child are fighting and the parent 
strikes the child in front of a police officer? 

The best approach to such a situation is to use common 
sense. Some factors that responding officers may consider when 
deciding whether to institute the preferred arrest policy are: 
(a) Is the action by the parent clearly abusive or is the 
action disciplinary?; (b) Is there a pattern or prior history 
of abusive behavior in this relationship? 

An alternative or additional response would be to file a 
51A for child abuse to have the potentially abusive situation 
investigated. 

3. How long must an officer stay at the scene of a 
domestic violence call, particularly if there is a 
possibility of the batterer returning? 

Chapter 209A, Section 6(1) mandates that officers 
responding to domestic violence calls "remain on the scene of 
where said abuse occurred as long as the officer has reason to 
believe that at least one of the parties involved would be in 
immediate physical danger without the presence of a law 
officer. This shall include, but not be limited to, remaining 
in the dwelling for a reasonable period of time." 

The Police Guidelines, Section 2.0 reiterate the provision 
set forth in Chapter 209A, Section 6(1), and do not add any 
further instructions. 

Therefore, the most important consideration is 
reasonableness in light of the specific facts of the 
situation. If there is an established history of violence and 
a genuine fear for the safety of the victim, it may be more 



-50- 



reasonable to assist the victim in finding a "safe place", 
either at a relative's or friend's home or a shelter rather 
than requiring a police officer to remain on the scene for any- 
extended period of time. (Chapter 209A, Section 6(3); Police 
Guidelines 2.0, Section C.) 

4. Our Department has many restraining orders on file 
which were issued out of Probate Court and contain no 
expiration dates. Many are several years old, but 
include recent correspondence from attorneys stating 
that the orders are still valid. Are these 
restraining orders issued out of Probate Court still 
in effect? 

Unlike restraining orders issued under 209A, which expire 
after one year, orders issued under Chapter 209, Section 34B by 
the Probate Court as part of a divorce decree remain in effect 
until a judgment for divorce has been entered or a permanent 
restraining order has been issued as part of the divorce 
proceeding. Any divorce judgment will vacate any existing 
temporary orders and any final divorce judgment which contains 
a restraining order is fully enforceable. 

5. The plaintiff /mother went to District Court in Town A 
on Tuesday, where she applied for and received a 209A 
order against her own mother to surrender custody of 
her (the plaintiff's) minor children. 

The plaintiff went to the Town A Police on Thursday to 
have them execute the order. When the police arrived 
at the grandmother's house, she presented them with an 
order from the Probate Court in Town B that was issued 
on Wednesday. This order awarded the grandmother 
custody of the minor children. 

In light of these inconsistent orders, does the 
Probate Court order awarding the grandmother custody 
supercede the 209A order? 

a. Where 208 and 209A Orders co-exist, which takes 
precedence? 

Any Probate Court order affecting custody or support which 
is prior to or subsequent to the issuance of a 209A order, 
takes precedence over the custody or support provisions of the 
209A order. 

Where the Probate Court orders restraining, no-contact, or 
vacate orders in domestic violence cases, neither would appear 
to take precedence over the other. 



-51- 



The best approach here would be to advise the plaintiff to 
go to the Probate Court and explain the situation to the judge 
who issued the custody order. 

b. What about a Probate Court ex-parte emergency 
restraining order? 

Since it is an ex parte order, it would not automatically 
supercede a 209A temporary restraining order from a District 
Court/ which is also an ex parte order. Again, the parties 
should be instructed to return to the court for clarification 
of the orders. 

c. What about a restraining order issued by the 
Probate Court where there was a full hearing, 
with notice to all parties and both parties 
appeared in court? 

Here, the order by the Probate Court should supercede the 
District Court ex-parte order since both parties were present 
and were able to present their respective positions to the 
Probate Court judge. Similarly, if the District Court issues a 
permanent restraining order after a ten-day hearing where there 
was notice and an opportunity to be heard for both parties, the 
District Court order should take precedence over an ex-parte 
Probate Court order. 

d. What about contradictory restraining orders 
issued after full hearing in both courts? 

The problem of inconsistent final or permanent restraining 
orders is really a court problem. Unfortunately, such orders 
do exist in domestic violence cases and the police have no 
alternative but to enforce both orders while advising the 
parties to straighten it out in court. 



WPP(38) 



-52- 



(Pre- Court forms and Procedures 




TRIAL COURT OF THE COMMONWEALTH 

APPLICATION FOR ABUSE PREVENTION ORDER 

ABUSE PREVENTION ORDER 

FOR USE BY POLICE DEPARTMENTS AFTER COURT HOURS 

"When the court is closed for business, any justice of the superior, probate and family, district or Boston municipal court 
departments may grant relief to the plaintiff... if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse. In the 
discretion of the justice, such relief may be granted and communicated by telephone to an officer or employee of an appropriate law 
enforcement agency, who shall record such order on a form of order promulgated for such use by the chief administrative justice and shall 
deliver a copy of such order on the next court day to the clerk-magistrate of the court having venue and jurisdiction over the 
matter.... 

"When any person charged with or arrested for a crime involving abuse under this chapter is released from custody, the court or the 
emergency response judge shall issue, upon request of the victim, a written no-contact order prohibiting the person charged or arrested from 
having any contact with the victim and shall use all reasonable means to notify the victim immediately of release from custody. The victim shall 
be given at no cost a certified copy of the no-contact order." 

-G.L. c. 209A. §§ 5 & 6 
INSTRUCTIONS FOR POLICE OFFICERS 

1. USE OF THIS FORM. This forms package has been promulgated by the Chief Administrative Justice of the Massachusetts Trial Court 
pursuant to G.L. c. 209A §§ 5 & 6 for use by police departments to record an Abuse Prevention Order issued by a judge over the telephone 
when the court is closed for business. Additional supplies of this forms package may be obtained from your local District Court. Please 
keep any supplies of these forms under adequate security to prevent misuse. 

2. SEPARATING THE TWO FORM SETS IN THIS PACKAGE. First remove this instruction sheet from the forms package. Then separate 
the two form sets that make up this package (one is the "Complaint," the other is the "Order") by pulling apart the two form stubs that hold 
each form set together. Do not separate the individual parts of each form which are attached to the two form stubs. 

3. COMPLAINT. It is preferable to have the plaintiff complete and sign the Complaint form set before contacting a judge, if the plaintiff is 
able to do so. Please print in ballpoint pen and press hard enough so that all four parts are legible. There are instructions which the plaintiff 
may refer to on the back of the Complaint form set. 

In appropriate circumstances, a judge may issue an Order without the plaintiff having completed and signed a written Complaint. If 
the judge does so, please discard the Complaint form set and advise the plaintiff that G.L. c. 209A, § 5 requires the plaintiff to appear 
in court on the next business day to file such a Complaint. 

4. AFFIDAVIT. After the Complaint form set has been completed and signed, separate the three parts from the form stub that holds them together. Turn 
over the original (first white) part and ask the plaintiff to describe the details of the abuse on the "Affidavit" form printed there. When the Affidavit is 
complete, please indicate by your signature that you have witnessed the plaintiff's signature on the Affidavit. 

In appropriate circumstances, a judge may dispense with the need for an Affidavit. If the judge does so. leave the Affidavit form blank. 

5. ORDER . Read or summarize the Complaint and Affidavit over the telephone as requested by the judge. If the judge issues an Order, please complete 
Section A of the Order form set, item by item, as the judge directs. Please print in ballpoint pen and press hard enough so that all six parts (white 
original, white probation copy, pink, blue, yellow and green copies) are legible. Leave the space for "Docket No." blank, but please remember to enter 
the name and address of the court where the judge makes the Order returnable. Print your name and police department, and print the name of the 
judge issuing the Order, in the appropriate spaces. Do not write in Sections B and C of the form. Print the name of the "First or Administrative Justice" 
as indicated by the issuing judge. Leave blank the space for the Clerk-Magistrate or the Register of Probate to attest the Order. 

6. COLLATE AND DISTRIBUTE COPIES. Separate the six parts of the Order form set from the form stub that holds them together. If the 
plaintiff has completed the Complaint form, match up and staple together the four copies of the Complaint form with the matching-color 
copies of the Order form: the original white (court) copies, the white (probation) copies, the pink (plaintiff's) copies, and the yellow 
(defendant's) copies. 

Give the pink copies of the Complaint and Order to the plaintiff. 

Deliver the white (original) copies and the white (probation) copies of the Complaint and Order on the next business day to the clerk- 
magistrate or register of the court where the Order is returnable. If the plaintiff's address has been impounded, please take appropriate 
care to ensure that these white copies of the Complaint, which bear the plaintiff's address, are not seen by the defendant or the 
defendant's counsel. 

Arrange for the yellow copies of the Complaint and Order to be served on the defendant as soon as possible. If service on the 
defendant cannot be made before the date and time of hearing shown in the Order, service of additional Orders may be necessary 

The two remaining copies of the Order are for police use: the blue copy of the order is for your records; the green copy of the Order 
may be used for the return of service that must be filed with the court. 

FA-3 (7/92) 






-53- 



COMPLAINT FOR PROTECTION 
FROM ABUSE (G.L. c. 209A) 



FOB 
COURT 
USE 
ONLY- 



DOCKET NO. 



PART 
1 



BOSTON MUNICIPAL 
COURT 



□ 



DISTRICT COURT 



TRIAL COURT OF MASSACHUSETTS £ 



DIVISION 



PROBATE & FAMILY COURT 



SUPERIOR COURT 



PART 
2 



NAME OF PLAINTIFF (the person seeking protection) 



PART 
3 



3A 



Write your address here if you are NOT asking the Court 
to keep it confidential 



Daytime 
Phone No: 



-) 



NAME OF DEFENDANT (the person causing abuse) 



DEF DATE OF BIRTH 



PART 
8 



3B 



PART 
4 



PART 
5 



PART 
6 



Write your address here only if you are asking the Court 
to keep it CONFIDENTIAL (that is. impounded). 



Daytime 
Phone No: (_ 



J 



If you left a former residence to avoid abuse, write that address here: 



DEFENDANT'S ALIAS. IF ANY 



DEFENDANTS ADDRESS 



MALE 
FEMALE 



DEFENDANT'S 
DAYTIME PHONE 



DEFENDANT'S SOC. SEC. NO. 



DEFENDANT'S PLACE OF BIRTH 



Name of your attorney (if any): 



Phone No 
( ) 



PART 
7 



I I lam I Jam not under the age of eighteen. 

The defendant I I is i 'is not under the age of eighteen. 



Are there any prior or pending court actions in any state or country 
involving you and the defendant for divorce, annulment, paternity, child 
custody or support, guardianship, separate support, legal separation, 
or abuse prevention? 

I I No I ! Yes If Yes, give court, type of case, date and (if 

available) docket number: 



DEFENDANT'S MOTHER'S MAIDEN NAME (First & Last) 



DEFENDANT'S FATHER'S NAME (First & Last) 



CHECK AS MANY AS APPLY: The defendant and I: 

I i are currently mamed to each other. 

I were formerly married to each other. 

I l are not mamed but we are related to each other by blood or 

marriage: specifically, the defendant is my 



PART 
9 



I 1 are the parents of one or more children. 

I • are not related but we now live in the same household. 

I I are or were in a dating or engagement relationship of the 
following nature: 

Date relationship began: 

Nature of relationship: 



Frequency of contact during relationship: 



If it has ended, date relationship ended: 



On or about (dates) 

I ' attempted to cause me physical harm. 

I ! caused me physical harm. 
Therefore: 



I suffered abuse when the defendant. 

I | placed me in fear of imminent senous physical harm. 

I I caused me unwillingly to engage in sexual relations by force, threat of force, or duress 



I I 1 . I ask the Court to order the defendant to stop abusing me. 

I ' 2. I ask the Court to order the defendant not to contact me, or any child(ren) listed below, unless authorized by the Court. 

i I 3. I ask the Court to order the defendant to leave and remain away from my residence which is located at: 



PART 
10 



□ 4. 

□ 5. 

□ 6. 



CZj 



If this is an apartment building or other multiple family dwelling, check here: [ 
I ask the Court to impound my address to prevent its disclosure to the defendant, the defendant's attorney, or the public. 

Do not check item 4 if you wrote your address in Part 3A above. 
I ask the Court to order the defendant to leave and remain away from my workplace which is located at: 

You may not obtain an Order from 
the Boston Municipal Court or a 
District or Superior Court covering 
items (6) or (7) in Part 10 if there 
is a prior or pending Order for 
custody or support from the 

I ask the Court to order the defendant, who has a legal obligation to do so. to pay Probate and Family Court. 

temporary support: I ! for me. I ! for any child(ren) in my custody. ! I for both. 

I ask the Court to order the defendant to pay me $ in compensation for the following losses suffered as a direct result of the 

abuse: . — 



I ask the Court to award me temporary custody of the followinq children under 18: 




N 






A 


DATE 

OF 
BIRTH 




M I 




E I 
1 







9. I ask the Court to order the following:. 



10. I ask the Court to order the relief I have requested above, except for items (7) and (8). without advance notice to the defendant because there is 
a substantial likehhooo of immediate danger of abuse. I understand that if the Court issues such a temporary Order, the Court will scnedule a 
hearing within 10 court business davs to determine whether sucn a temporary Order should be continued, and that I must appear in court on 
that dav if I wish the Order to De continued. 



DATE 



PLAINTIFF'S SIGNATURE 



-54- 



AFFIDAVIT 



Describe in detail the most recent incidents of aDuse. State what happened, the dates, who did wnat to wnom 
and describe any injuries. Also describe any history of abuse. 



On or about 



199 , the defendant 



If more space is needed attach additional pages and check this dox 



I declare under penalty of perjury that all statements of fact made above, or in any additional pages attached, are true 



DATE SIGNED 



PLAINTIFF'S SIGNATURE 
X 



WITNESSED BY 
X 



T 



PRINTED NAME OF WITNESS 



T ITLE.'RANK OF WITNESS 






-55- 



INSTRUCTIONS TO THE PLAINTIFF 



1. 



HOW DOES THE LAW PROTECT YOU FROM ABUSE? 



Under chapter 209A of the Massachusetts Genera) Laws, judges can make Orders to protect people from abuse by family or household members. These orders 
will be recorded and enforced by law enforcement agencies. They are commonly called "Abuse Prevention Orders" or "Restraining Orders" or "209A Orders " 

"Abuse" includes causing you physical harm, attempting to cause you physical harm, placing you in fear of imminent serious physical harm, or causing you to 
engage in sexual relations against your will by force, threat or duress. 

A "family or household member" may include your spouse or former spouse, a relative by blood or mamage, the other parent of your child, a person who lives 
or formerly lived in your household, or a person who is or was in a substantive dating or engagement relationship with you. 

2. WHERE DO YOU OBTAIN SUCH AN ORDER? 

You may request such an Order from a judge of any of the following courts: the Boston Municipal Court, the District Court, the Probate and Family Court, or 
the Superior Court. To do so, you must go to the office of the Clerk-Magistrate or the Register of Probate at the courthouse ("division") in the area in which you live. 
You can find out from your local police department which court division is in the area where you live. If you have left your resiaence to avoid abuse, you may also 
go to the court in the area of your former residence. 

In an emergency that occurs after court hours or on weekends, you may ask your local police to put you in contact with a judge. 

3. HOW DO YOU OBTAIN SUCH AN ORDER? 

Fill out entirely the front of this application ("Complaint"). There is no filing fee. You are the "plaintiff". The person who you allege is abusing you is the 
"defendant". 

Part 3. If you are not asking the court to keep your current address confidential, write your address in Part 3A and leave Part 3B blank. If you are asking the 
court to keep your address confidential (by "impounding" it), write your address in Part 3B and leave Part 3A blank. An address written in Part 3B will appear only 
on the first copy of this form, which will be kept by the court. If you prefer, you may write your name and address on a separate piece of paper, seal it in an envelope 
marked "Plaintiff's Address — Confidential." and staple the envelope to the court (white) copy of this form. 

Part 6. If either you or the defendant is under the age of 18. indicate that in Part 6. The law provides that such cases are not open to public inspection, and 
are available only to the plaintiff, the plaintiff's attorney, the person under 18. or a parent or guardian of the person under 18. If you and the defendant are both over 
18. court records of this matter will generally be open to public inspection. If the judge orders your address impounded, it will not be publicly available. If you have 
good reasons to ask the judge to keep other parts of the court record confidential, you may file a wntten request (a "motion") asking the judge to do so. Usually a 
general preference tor privacy is not itself a sufficient reason to permit court records to be kept confidential. 

Part 7. If you answer "Yes", please bnng with you to the courthouse any legal papers you have from any such court proceeding. 

Part 10. Indicate the type of abuse you have suffered, and the relief you are requesting. In item 8, list any financial loss you have suffered as a direct result 
of the abuse. Such losses may include, but are not limited to. lost earnings or support, costs for restonng utilities, replacements costs for locks or personal property 
removed or destroyed, medical and moving expenses, and reasonable attorneys fees. Generally the Court will allow requests under items (7) and (8) only after the 
defendant has been given an opportunity to be heard. 

If you are requesting relief after court hours, or if the Court otherwise requires, you must write out a sworn statement describing the abuse (an "affidavit"). 
If an affidavit is required, after filling out the front of this form, detach the first (white) copy from the remaining copies, turn it over and write your affidavit on the 
back. 



IF YOU ARE REQUESTING CUSTODY OF A CHILD 

If you are requesting that the Court give you temporary custody of a minor child or children, you must file along with 
this form a sworn statement (an "affidavit") indicating whether there are any other pending or concluded court proceedings 
involving the care or custody of that child or children, either in Massachusetts or in any other state or country. The Clerk- 
Magistrate's office or the Register of Probate's office at the courthouse will provided you with a blank "Affidavit Disclosing 
Care and Custody Proceedings" to fill out and sign. 

If there is a prior or pending Order for support or for child custody from the Probate and Family Court, you may not 
obtain an order from the Boston Municipal Court of a District or Supenor Court regarding support or child custody. 



"You have the right to appear at the Superior. Probate and Family, 
Distnct or Boston Municioal Court, if you reside within the appropnate 
junsdiction. and file a complaint requesting any of the following 
applicable orders: (a) an order restraining your attacker from abusing 
you: (b) an order directing your attacker to leave your household, 
building or workplace: (c) an order awarding you custody of a minor 
child: (d) an order directing your attacker to pay support for you or any 
minor child in your custody, if the attacker has a legal obligation of 
support: and (e) an order directing your attacker to pay you for losses 
suffered as a result of abuse, including medical and moving expenses, 
loss of earnings or support, costs for restoring utilities and replacing 
locks, reasonable attorneys fees and other out-of-pocket losses for 
injunes and property damage sustained. 

"For an emergency on weekends, holidays or weeknights. the 
police will refer you to a justice of the superior, probate and family, 
distnct or Boston municipal court departments. 

"You have the right to go to the appropnate distnct court or the 
Boston municipal court and seek a cnminal complaint for threats, assault 
and battery, assault with a deadly weapon, assault with intent to kill or 
other related offenses. 

"If you are in need of medical treatment, you have the right to 
request that an officer present dnve you to the nearest hospital or 
otherwise assist you in obtaining medical treatment. 

"If you believe that police protection is needed for your physical 
safety, you have the right to request that the officer present remain at 
the scene until you and your children can leave or until your safety is 
otherwise ensured You may also request that the officer assist you in 
locating and taking you to a safe place, mending but not limited to a 
designated meeting place for a shelter or a family member's or a fnend's 
residence, or a similar place of safety. 

"You may request a copy of the police incident report at no cost 
from the police department " 

General Laws, chapter 209A. section 6 



"Ud. tiene derecho a radicar una querella ante el tribunal que tenga |urisoiccion 
sobre su veemdano. ya sea el tnbunal supenor. el de sucesiones y reiaciones de famina. 
el de distrrto. o el municipal de Boston, y solicitar la(s) orden(es) corresDondientelsl. (a) 
una orden que le imoida a su agresor contmuar maltradtandoia(o): (b) una orden que le 
indique al agresor que tiene que abandonar el hogar, el edlficio o el lugar donae trabaia. 
(c) una orden que le otorgue a Ud. la custodia de un menor de edad: (d) una oroen 
indicandoie al agresor que tiene que pagarle pension alimenticia a Ud. y a cuaiquier menor 
de edad baio su custodia. siempre y cuando el agresor tenga la obligacion legal ae oagar 
por su manutencion: (e) una orden que le indique al agresor que le pague por las perdidas 
sufridas a consecuencia del maitrato. mcluyendo gastos medicos y de mudanza: perdida 
de salario o pension alimenticia: gastos incurndos en el reestabiecimiento ae servicios 
puDlicos (gas. electncidad. telefonoi y campio de cerraduras: honoranos razonabies de 
abogados y otros gastos personates incurndos a consecuencia de lesiones fisicas o danos 
a la propieoad. 

"En casos de emergencia los fines de semana dias fenados o durante horas 
de la noche. la policia le refenra a un juez del tnbunal superior, el de sucesiones y 
reiaciones de familia. el de distnto. o el municipal de Boston 

"Ud. tiene aerecho a presentarse ante el tribunal de distnto apropiaaa o el 
municipal de Boston, y a obtender una querella criminal por motivo de amenazas. 
acometimiento y agresion. agresion con arma mortifera. agresion con intento de asesinato 
y otras ofensas similares. 

"Si necesita servicios medicos, tiene derecho a pedirle al policia que se 
encuentre presente que le lleva al hospital mas cercano o que le ayude a oDtener dichos 
servicios. 

"Si cree que necesita proteccibn poiiciaca para garantizar su segundad fisica. 
tiene derecho a pedirle at policia presente que permanezca en el lugar nasta tanto Ud y 
sus hijos pueaan marcharse o hasta tanto se le garantice su segunoad personal Tambien 
pueded pedirle al policia que le ayude a identificar un sitio que sea secfuro para Ud. y que 
le lleve a dicho lugar mcluyendo. pero sin limitarse a. un punto de reunion aesignaao para 
un refugio o la residencia de un panente o un amigo(a), o cuaiquier otro lugar similar 
donde se sienta seouraio). 

"Puede soiicitarie al aeoartamento de la policia copia del mforme reiatando el 
incidente. sin costo aiguno." Leyes Generales. c. 209A. Seccion 6 



-56- 



DRAFT 

ABUSE PREVENTION INFORMATION FORM 

(Information provided by Plaintiff) 

COURT: DOCKET#: DATE: 

* »m m afj »|* ^j» *ju *l* *i* •!* *1» *1* •!* 4* *t- 4* <4* *t* *t* *1* *X* *t* *i> *A* *I* *1* •!* *4* •£• *1* *4* *t* 4* >1* *X> ^A* *i* *l» *1» *1> •!» *1* 4* *i> *£* *1* *4* *i* *i* *t* >J* ^J* "4* *J* *> ' 

ATTFNTION* TO ASSIST police in locating/serving the defendant and 

rt ^ V L PROTECTING THE PLAINTIFF, PLEASE PROVIDE AS MUCH 

INFORMATION AS POSSIBLE. 

*i* «i* *i* ♦!-* *l> *J* *i* *i* •!* *1* ife gfe *Jt* ito *1* ife ifa ife *1* *t* *Jt* *1* *1* *x* ife *!■* ife *t> ife <fe §to ife *1* ife »l* *l* *1* 4* *X* ifa ^* *1* *l* *1* ife *t* ife ife ife §1> ifa *1* ife *4* 

3|* 5|* S|S *^ n^ *P ^P ^P *^ *f* ^P ^^ ^^ ^^ ^^ ^^ ^^ ^^ •»• ^* ^* ^^ ^^ ^^ ^^ ^^ ^^ *^ *^ *f* ^^ ^^ ^^ "^ ^^ t* ^^ ^^ ^^ ^^ ^P ^T* ^^ ^^ *^ *^ ^^ ^^ ^^ ^^ ^* ^* ^^ *** 

PLAINTIFF'S NAME: TELEPHONE* 

home: 

ADDRESS: work: 

(unless confidential or impounded) other(s): 

PLAINTIFF' S REL ATIONSHIP TO DEFENDANT? 



DEFENDANTS NAME 

(LAST NAME) (FIRST NAME) (MI) 



HEIGHT: 
WEIGHT: 



ALIASES (OTHER NAMES DEFENDANT MIGHT USE) HAIR ; 

Hi I C-O > 



DATE OF BIRTH: SEX: male female 

SOCIAL SECURITY#: RACE: 



DESCRIPTIVE INFO: 

(INCLUDE: MOUSTACHE, BEARD, GLASSES, SCARS, TATOOS, HAIR STYLE, ACNE, FRECKLES, ETC.) 



PHOTOGRAPH OF DEFENDANT AVAILABLE? 
(PLEASE PROVIDE) PHOTO. REC'D? 



******************************** Prepared By: 

Pre-court Subcommittee 
* * of Domestic Violence 

Please complete other side. Roundtabie 1992 
******************************** 



DEFT. UNDERSTAND ENGLISH? 
(IF NOT) WHAT LANGUAGE? 



SERVICE: BEST PLACE 

DEFT.'S ADDRESS: 

TEL.# 



SPEAK ENGLISH? 



A.M. 



P.M. 



BEST TIME 



VERY IMPORTANT : APT.# 

NAME ON MAILBOX/DOORBELL: 



DEFT.'S EMPLOYER: 

WORK HOURS: 

WORK TEL.#: 



FLOOR# 



ADDRESS: 



POSITION/DEPT: 



OTHER PLACES DEFT. MAY BE FOUND: 

(Relatives, friends, hangouts, places frequented, etc.) 

DEFT.'S MOTOR VEHICLE REGISTRATION PLATE#: 

YR: MAKE: MODEL: COLOR: 



DOES DEFENDANT HAVE: 



1. CRIMINAL RECORD? 


Where? 


For What? 


Outside MA? 


2. OUTSTANDING WARRANTS? 


Where? 


For What? 


Outside MA? 


3. PROBATION? 


Where? 


PAROLE? 


Where? 


4. UPCOMING COURT DATES? 


Where? 


When? 




5. ACCESS TO GUNS? 


What Kind? 


Where? 





6. LICENSE OR PERMIT FOR GUNS? 
When? 



Where? 



7. PSYCHIATRIC/EMOTIONAL PROBLEMS? Treated/Hospitalized? 
Where? When? 

8. DOES DEFENDANT USE/ ABUSE DRUGS? 

USE/ ABUSE ALCOHOL? 

9. WILL DEFENDANT BE HOSTILE/ VIOLENT TO POLICE? 



-58- 



ABUSE PREVENTION ORDER 

(G.L. c. 209A) 



DOCKET NO. 



TRIAL COURT OF MASSACHUSETTS ^ 



I PLAINTIFFS NAME 



I DEFENDANT'S NAME AND ADDRESS 



DEFENDANT'S DOB 



UM 

Df 



DEFENDANT'S PLACE OF BIRTH 



INAME AND ADDRESS OF COURT 



DEFENDANT'S MOTHER'S MAIDEN NAME (First & Last) 



DEFENDANT'S FATHER'S NAME (First & Last) 



DEFENDANT'S S.S. NO. DEFENDANTS ALIAS. IF ANY 



DEF. DAYTIME PHONE 1 



A. 



THECOURT HAS ISSUED THE FOLLOWING ORDERS TO THE DEFENDANT: (only items chewed snail apply) 

j This Order was issued without advance i i This Order was communicated by telephone from the judge named below to: 

Police Dept: 



notice because the Court determined 
that there is a substantial likelihood of 
immediate danger of abuse. 



Police Officer: 



1. 



YOU ARE ORDERED NOT TO ABUSE THE PLAINTIFF by harming or attempting to harm the plaintiff physically, or by placing the plaintiff in 
fear of imminent senous physical harm, or by using force, threat or duress to make the plaintiff engage in sexual relations unwillingly 

2. YOU ARE ORDERED NOT TO CONTACT THE PLAINTIFF or any child(ren) listed below, either in person, by telephone, in wnting, or 

otherwise, either directly or through someone else, and to stay at least yards away from them, unless you receive 

written permission from the Court to do otherwise. 

3. YOU ARE ORDERED IMMEDIATELY TO LEAVE AND STAY AWAY FROM THE PLAINTIFF'S RESIDENCE which is located at: 

The Court also ORDERS you: (a) to surrender any keys to that residence to the plaintiff, (b) not to damage any belongings of the 
plaintiff or any other occupant, (c) not to shut off or cause to be shut off any utilities or mail delivery to the plaintiff, and (d) not 
to in terfere in any way with the plaintiff's right to possess that residence, except by appropriate legal proceedings 

I i If this box is checked, the Court also ORDERS you immediately to leave and remain away from the entire 

apartment building or other multiple family dwelling in which the plaintiff's residence is located. 

4. PLAINTIFF'S ADDRESS IMPOUNDED. The Court ORDERS that the address of the plaintiff's residence is to be impounded by the Clerk- 

Magistrate or Register of Probate so that it is not disclosed to you, your attorney, or the public. 



5. YOU ARE ORDERED TO STAY AWAY FROM THE PLAINTIFF'S WORKPLACE which is located at: 
□ 6. YOU ARE ORDERED TO SURRENDER CUSTODY of the following child(ren) to the plaintiff: 



CD 



N 
A 
M 

E 




DATE 

OF 

BIRTH 

















VIOLATION OF 
THIS ORDER IS 
A CRIMINAL 
OFFENSE 

punishabie by 
imprisonment 
or fine or both. 



YOU ARE ORDERED TO PAY SUPPORT fori the plaintiff- 

i 1 i 1 

i ! month i ! w eek, beginning 

Office of this court. I i through the Massachusetts Department of Revenue 



and the child(ren) listed above, at the rate of S pe' 

_, 199 I I directly to the plaintiff, i through the Probation 



8. 
9. 



in losses suffered as a direct result of the abuse, to be paia 



YOU ARE ORDERED TO COMPENSATE THE PLAINTIFF for S 

in full on or before 199 i idirectly to the plaintiff, i ! through the Probation Office of this court 

YOU ARE ALSO ORDERED 



DATE OF ORDER TIME OF ORDER 



A.M. 
P.M. 



EXPIRATION DATE OF ORDER 



j NEXT HEARING DATE at A.M. PM 

at 4 PM. I in Ctroom 



The above Order expires on the expiration date indicated above. A hearing on whether 
to continue and/or to modify this Order will be held on the date and time indicated 



SIGNATURE OR NAME OF JUDGE 



I B. PRIOR COURT ORDER EXTENDED. After a hearing at which the defendant appeared did not appear, the Court has 

ORDERED that the prior Order dated . 199 shall continue in effect without change until the expiration date below 



DATE OF ORDER 



TIME OF ORDER 



A.M. 
P.M. 



EXPIRATION DATE OF ORDER 



NEXT HEARING DATE at 



at 4 P.M. 



A.M. 



PM 



in Ctroom 



The above Extension of Order expires on the expiration date indicated above. A hearing on 
whether to continue and/or modify this Order will be held on the date and time indicated. 



I SIGNATURE OR NAME OF JUDGE 



The plaintiff must appear at scheduled heanngs. or this Order may be vacated. The defendant may appear, with or without an attorney, to oppose any 
extension or expansion of this Order. If the defendant does not appear, an extended or expanded Order may remain in effect for up to one year 



C. 



PRIOR COURT ORDER VACATED. Th,s 

Court's prior Order is vacated. Law enforcement 
agencies shall destroy all records of such Order. 



DATE 



SIGNATURE OR NAME OF JUDGE 



FIRST OR ADMINISTRATIVE JUSTICE 



A true copy, attest: 



WITNESS 



■Assistant: C!erK-Maaistraie/< Assistant Register c 



-59- 



IMPORTANT INFORMATION 

THIS ORDER IS EFFECTIVE WHEN MADE. IF YOU HAVE BEEN ORDERED TO REMAIN AWAY FROM A PARTICULAR RESIDENCE OR WORKPLACE. YOU MAY 
BE ARRESTED IF YOU RETURN THERE. EVEN IF YOU RETURN WITH THE PERMISSION OF THE PLAINTIFF. IF THE PLAINTIFF IS NOW WILLING TO HAVE 
YOU RETURN. HE OR SHE MUST APPEAR BEFORE THE COURT AND ASK THAT THIS ORDER BE ENDED. UNTIL THE COURT ALLOWS SUCH A REQUEST 
AND "VACATES" THIS ORDER. IT WILL REMAIN IN EFFECT. 

If the plaintiff changes address of residence or workplace, the plaintrff may file a sworn affidavit stating that new aadress. and this Order mav be reissueo 
by the Clerk-Magistrate or Register of Probate with that new address in item 3 or 5 without further Order of the Court. 

For good cause, either the plaintiff or the defendant may request the Court to modify this Order before its scheduled expiration date 



TO ANY OFFICER OF THE POLICE DEPARTMENT TO WHICH THE COURT HAS DIRECTED THIS ORDER: 

PURSUANT TO G.L. c. 209A. § 6. THIS ORDER SHALL BE ENFORCED BY ANY LAW ENFORCEMENT OFFICER IN THE COMMONWEALTH WHO IS AWARE 
OF OR SHOWN A COPY OF THIS ORDER. IF SERVICE ON THE DEFENDANT HAS NOT YET BEEN MADE. ANY LAW ENFORCEMENT OFFICER SHALL 
ADVISE THE DEFENDANT OF THE TERMS OF THE ORDER AND THEN SHALL ENFORCE IT. 

The YELLOW COPY of this Order must be served on the defendant immediately Please return the GREEN COPY of this Order to the court with your return 
of service prior to any scheduled hearing date, or new service may be required 

The BLUE COPY of this Order is for your records. 

"Whenever the court orders . the defendant to vacate, refrain from abusing the plaintiff or to have no contact with the plaintiff or the plaintiff's 
minor child, the register or clerk -magistrate shall transmit two certified copies of each such order forthwith to the appropriate law 

enforcement agency which, unless otherwise ordered by the court, shall serve one copy of each order upon the defendant . . . The law 
enforcement agency shall promptly make its return of service to the court. 

"Law enforcement officers shall use every reasonable means to enforce such abuse prevention orders. Law enforcement agencies shall establish 
procedures adequate to insure that an officer on the scene of an alleged violation of such order may be informed of the existence and terms of 
such order " 

G.L. c. 209A. § 7 



ATENCION ESTE ES UN AVISO OFICIAL DE LA CORTE SI USTED NO SABE LEER INGLES. OBTENGA UNA TRADUCCION 

ATTENTION CECI EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE. OBTENE2 UNE TRADUCTION 

ATTENZIONE IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE SE NON SAPETE LEGGERE IN INGLESE. OTTENETE UNA TRADUZIONE 

ATENCAO ESTE E UM AVISO OFICIAL DO TRIBUNAL SE NAO SABE LER INGLES. OBTENHA UMA TRADUCAO. 

lUUY DAY LA THONG BAO CHINH THUC CUA TOA-AN NEU BAN KHONG DOC DUOC TIENG ANH HAY TIM NGUOI DICH HO 



-60- 



Notice QuideCines 



SUMMARY OF POLICE DOMESTIC VIOLENCE GUIDELINES 

October. 1992 

Background : In response to the 1990 Amendments to c. 209A, 
these guidelines were developed by the Department of Public 
Safety to ensure uniform police procedure in responding to 
domestic violence calls. The following is a summary of the 
Police Guidelines. 

2.0: G.L. c. 2 9A, § 6: ABUSE PREVENTION LAW 

Subparts A through D detail the steps police must take in 
responding to domestic violence calls. 

Subpart E discusses how to activate the emergency judicial 
system through the state police when the court is closed 
for business. 

Subpart F requires the police to inform the victim that the 
abuser is eligible for bail and may be promptly released. 
In addition, the judge or other person authorized to take 
bail must make reasonable efforts to inform the victim of 
the abuser's imminent release. Upon request of the victim, 
a written no-contact order will be a condition of the 
abuser's release on bail. (c. 209A, § 6) 

Subpart G mandates that the police arrest any person the 
officer witnesses or has probable cause to believe has 
violated a temporary or permanent vacate, restraining, or 
no-contact order or judgment . 

Note that where probable cause exists, Chapter 209A 
specifically provides for warrantless arrests even if the 
victim is unwilling to bring a complaint against the 
abuser. (c. 209A, § 6) 

Subpart H states that where no orders or judgments are in 
effect, arrest shall be the preferred response when an 
officer witnesses or has probable cause to believe that a 
person has committed: 

(1) a felony; 

(2) an assault and battery in violation of 
c. 265, § 13A; or 



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(3) a misdemeanor involving abuse. 

This provision is important because a misdemeanor 
involving abuse includes a "threat to commit 
crimes against the person or property of 
another." (c. 275, § 2) 

Definition of "abuse" under c. 209A. § 1 : 

(a) attempting to cause or causing physical harm; 

(b) placing another in fear of imminent physical 
harm; or 

(c) causing another to engage involuntarily in 
sexual relations by force, threat, or duress. 



The Guidelines set forth the statutory description of 
"family or household members" under c. 209A, § 1 who 
may bring an action for abuse protection. 



Dual arrests are discouraged , because they trivialize 
the seriousness of domestic violence and increase the 
danger to victims. When dual arrests are made, 
officers must submit a detailed written report in 
addition to the incident report. 

A written incident report must be filed whether or not 
an arrest was made. Upon request, the victim is 
entitled to receive a copy of the incident report at 
no cost. 

Civil liability : A police officer will not be civilly 
liable for making an arrest upon probable cause when 
the officer acted reasonably, in good faith and in 
accordance with c. 209A and the Guidelines, (c. 209A, 
§ 6) 



3.0: PROCEDURES : 

3 . 1 Response 

Subparts A through E describe how officers should 
conduct themselves when they arrive at the scene of 
domestic violence call. 

3.2 Investigation : Officers are reminded that the 
same standards for probable cause apply to domestic 
violence offenses as for any other crimes. 



-62- 



Subparts A(l) through A(4) describe "private premises 
and when officers must leave the scene. 

Subpart B notes that each party must have the 
opportunity to relate his or her story individually 
and confidentially. 

Subpart C directs officers to collect information in 
several categories. For example: 

Whether firearms are present and who owns them; 

Whether there has been past history of disputes 
and if any orders or judgments are in effect. 
Violation of any such order would trigger the 
mandatory arrest provision of c. 209A, § 6; 

Whether outstanding warrants exist; 

Whether a "substantive dating relationship" 
exists. Criteria the court will use in its 
determination is listed, (c. 209A, § 1(e)); 

Police must also provide victims with addresses and 
telephone numbers of crisis centers/ shelters, and 
where appropriate, Victim Witness Assistance staff 
from the local District Attorney's office. 



3.3 Children : The welfare and safety of children who are 
present at a domestic dispute must be a major 
consideration. Officers are directed to make oral and 
written reports to DSS pursuant to c. 119, § 51A if they 
believe child abuse has occurred. 

3.4 Property : Police should warn any person who is being 
accused of removing, damaging or destroying property of the 
potential civil or criminal consequences of such action. 

3.5 Firearms : Responding officers should place all 
firearms into temporary custody. If the firearm cannot be 
seized: 

(a) a judge can order the defendant to surrender the 
firearm, license to carry, and FID card; and 

(b) a police chief can revoke the license or FID card 



-63- 



3.6 Incident Reports : Domestic violence cases are subject 
to the same reporting procedures as any other crime scene. 

3.7 Service of Orders : Service in hand unless otherwise 
directed by the court. Once an order has been issued by 
the court/ officers should not accompany defendants back to 
the property for any reason without judicial 
authorization. The victim's safety should be considered in 
the timing of the service of any order. 



6827A 



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COMMONWEALTH OF MASSACHUSETTS 

DOMESTIC VIOLENCE 

STANDARDIZED LAW ENFORCEMENT GUIDELINES 

1991 



1.0 BACKGROUND. Among the most difficult and sensitive calls 
for police assistance are those involving domestic violence. 
When responding to a domestic disturbance, officers must be both 
alert and impartial, and must be concerned with the needs of 
victims where domestic violence is apparent or alleged. At the 
same time, officers must always anticipate the unexpected. What 
appears to be a dispute of a minor nature may quickly escalate 
into a conflict of dangerous proportions because of the poten- 
tially violent nature of such incidents. Domestic violence 
situations are often characterized by anger, frustration, in- 
tense emotion and a batterer's attempt to control household mem- 
bers. These feelings can easily be directed against the 
responding officers, who can suddenly become the focus and 
target of ensuing violence. It is not unusual for aggressive 
outbursts within families to lead to serious bodily injury or 
even death. For this reason, whenever possible, at least two 
police officers should be assigned to a domestic violence situa- 
tion unless immediate intervention is necessary to prevent 
serious physical harm. 



2.0 G.L. c. 209A ABUSE PREVENTION LAW (1991). Whenever any 
law officer has reason to believe that a family or household 
member has been abused or is in danger of being abused such of- 
ficer shall use all reasonable means to prevent further abuse. 
The officer shall take, but not be limited to, the following ac- 
tion: 

a. remain on the scene where the abuse occurred or 
was (or is) in danger of occurring as long as the 
officer has reason to believe that at least one of 
the parties involved would be in immediate physi- 
cal danger without the presence of a law officer 
for a reasonable period to prevent abuse; 

b. assist the abused person in obtaining medical 
treatment necessitated by an assault, which may 
include driving the victim to the emergency room 
of the nearest hospital, or arranging for ap- 
propriate transportation to a health care facil- 
ity, notwithstanding any law to the contrary; 

c. assist the abused person and dependent children in 

-65- 



locating and getting to a safe place, including 
but not limited to a designated meeting place for 
a shelter or a family member's or friend's 
residence (or a similar place of safety) . The of- 
ficer shall consider the victim's preference in 
this regard and what is reasonable under all the 
circumstances ; 

d. give abuse victims immediate and adequate notice 
of their rights by handing them and reading a form 
detailing their rights (see attached) ; where said 
person's native language is not English, the 
statement shall be then provided in said person's 
native language whenever possible; 

e. assist the abused person by activating the emer- 
gency judicial system (generally by contacting the 
state police, unless some other procedure has been 
established) when the court is closed for busi- 
ness ; 

f. inform the victim that abuser will be eligible for 
bail and may be promptly released; 

g. arrest any person the officer witnesses or has 
probable cause to believe has violated a temporary 
or permanent vacate, restraining, or no-contract 
order or judgment. 

h. Where there are no vacate, restraining or no- 
contact orders or judgments in effect, arrest 
shall be the preferred response [Note: Officers 
are expected to use the same probable cause 
criteria which applies to any other crime.] when- 
ever an officer witnesses or has probable cause to 
believe that a person: 

(1) has committed a felony; or 

(2) has committed an assault and battery in 
violation of G.L. c. 265, s. 13A; or 

(3) has committed a misdemeanor involving abuse. 

NOTE: This is a statutory exception to the longstand- 
ing rule which limited misdemeanor arrests to those com- 
mitted in the officer's presence. Officers are now au- 
thorized to arrest for past misdemeanors not committed 
in their presence so long as the officers have probable 
cause to believe that a misdemeanor involving "abuse" 
occurred. Such misdemeanors include but are not limited 
to threats to commit crimes against the person or prop- 
erty of another (Chap. 2 65 sec. 2) . 

For the purposes of this law, "abuse" is defined as "the 
occurrence of one or more of the following acts between 
family or household members: (a) attempting to cause 
or causing physical harm; (b) placing another in fear 
of imminent physical harm; (c) causing another to 



-66- 



engage involuntarily in sexual relations by force, 
threat, or duress." 

The safety of the victim and any involved children shall be par- 
amount in any decision to arrest. Any officer arresting both 
parties is required by law to submit a detailed, written report 
in addition to an incident report, setting forth the grounds for 
dual arrest. [Dual arrests like the issuance of mutual 
restraining orders, trivialize the seriousness of domestic abuse 
and increase the danger to its victims.] 

Officers investigating an incident of domestic violence shall 
not threaten, suggest, or otherwise indicate the arrest of all 
parties for the purpose of discouraging requests for law enfor- 
cement intervention by any party. 

Regardless of arrest, whenever an officer investigates an in- 
cidence of domestic violence, the officer shall immediately file 
a written incident report on the prescribed department form. 
The victim shall be provided a copy of the full incident report 
at not cost, upon request to the police department. 

Family or household members are persons who: 
a. are or were married to one another; 

* b. are or were residing together in the same 

household; 

c. are related by blood or are or were related by 
marriage ; 

d. have a child in common regardless of whether they 
have ever been married or lived together; or 

* e. are or have been in a substantial dating rela- 

tionship as determined by a court. (See "Proce- 
dures" below regarding criteria courts use and of- 
ficer's role in assisting court in making such 
determination.) 

* This includes same sex relationships. 

C. 209A specifically provides that police shall make a warrant- 
less arrest of a person whom the officer has probable cause to 
believe has committed a misdemeanor by violating a temporary or 
permanent vacate, restraining or no-contact order or judgment. 
(G.L. c. 276, s. 20.) Even if the victim is unwilling to bring 
a complaint against the alleged abuser, officers are expected to 
arrest where probable cause exists . [(Note: While GL. c. 276, 
s. 28 concerning arrests without a warrant for a violation of 
certain statutes, among which are listed c. 2 09 A, uses the work 
"may", this is superseded by the provisions of c.209 A which 
specify that officers "shall" make such a warrantless arrest.)] 

Additionally, the trespass law - G.L. c. 266, s. 120 - has been 

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amended by including within its scope a violation of a "get-out" 
order issued pursuant to G.L. c. 208, s. 234B, or G.L. c. 209A. 

An officer may arrest and detain a person charged with a mis- 
demeanor, without having a warrant for such arrest in his pos- 
session, if the officer has actual knowledge that a warrant then 
in full force and effect for the arrest of such person has in 
fact issued. (G.L. c. 276, s. 28.) 

According to Chapter 403 of the Acts of 1990: "No law officers 
shall be held liable in any civil action regarding personal in- 
jury or injury to property brought by any party to a domestic 
violence incident for an arrest based on probable cause when 
such officer acted reasonable and in good faith and in com- 
pliance with this chapter and the statewide policy as estab- 
lished by the secretary of public safety". 

It is strongly recommended that all reasonable measures be taken 
to ensure cooperation among law enforcement personnel and those 
social service agencies involved with domestic violence inci- 
dents . 



3 . PROCEDURES . 

3.1 RESPONSE. The unique nature of domestic violence 

situations requires that an officer immediately pro- 
ceed to the place of the dispute. Check with dis- 
patcher about previous incidents and existing orders 
If possible, a back-up officer should also be dis- 
patched to the scene. 



i. The initial contact by the responding officers 
must convey a professionally calm and helpful 
attitude . 

1. The officer(s) shall state their reason for 
being present. 

2. They must be considerate and attentive toward 
all parties and their problems regardless of the 
officers' own view or personal reactions toward 
the matter. 

3. Upon entering, they shall prevent the physical 
movement of the parties as much as possible and 
control their access to any potential weapons. 

b. Officers are authorized by c. 209A to transport 
victims of domestic violence to the emergency 
room of the nearest hospital. However, he 
preferred method of transportation is via am- 
bulance, or if the victim is not seriously in- 
jured, in their own vehicle or that of a friend. 
Officers should receive approval from their su- 
pervisor prior to transporting victims of 
domestic abuse in a cruiser, except in an emer- 
gency. 



-68- 



c. The responding officer (s) must take immediate 
control of the situation and should separate the 
parties to prevent any violent action. However, 
if there are two officers present at the scene, 
they should remain within view of each other to 
avoid any subsequent allegations of mistreat- 
ment. 

d. The use of alcohol and drugs, or a condition of 
mental illness, can aggravate a domestic 
violence situation, requiring far greater 
patience on the part of the responding of- 
ficer (s) . 

e. The provisions of G.L. c. 209A impose specific 
responsibilities upon the police as regards to 
domestic abuse situation. All officers are ex- 
pected to be thoroughly familiar with the con- 
tents of this statute (as amended from time to 
time) and to act with discretion and competence 
in carrying out its provisions. 



3.2 INVESTIGATION. Officers responding to domestic 

violence calls should conduct thorough investigations , 
including interviewing children, neighbors and other 
potential witnesses. Keep in mind that the same stan- 
dards for probable cause apply to domestic violence 
offenses as for any other crimes. 

a. When investigating a report of domestic 

violence, officers should be thorough and ob- 
serve the following guidelines 

1. These specific guidelines shall govern any 
situation: 

(a) Officer (s) may enter private premises at the 
request of someone in lawful control of the 
premises, or to enforce the provisions of a 
protective court order or to take reasonable 
measures to prevent nay further abuse under 
the authority of G.L. c. 2 09A. 

(b) Officer (s) may enter private premises where 
there is probable cause to believe that a 
felony has been or is being committed or 
that there is imminent danger of violence 
which could result in death or serious 
physical injury or where a breach of the 
peace has been committed in the officer(s) 1 
presence. 

(c) Officer(s) must leave if both parties re- 
quest that they do so unless there is prob- 
able cause to believe that a felony has been 
committed or that their continued presence 

-69- 



is necessary to prevent physical harm or to 
carry out the provisions of G.L. c. 209A. 

(d) "Private premises" includes a house, an 
apartment, a condominium, a hotel room, a 
mobile home, or a house trailer. 

In attempting to ascertain the facts in the dis- 
pute, the officer (s) should allow each party to 
present his or her story individually, avoiding 
any unnecessary interruptions or undue inter- 
ference by either party. While keeping all 
parties and officers in view, separate the 
parties sufficiently to allow each to relate 
matters to an officer without being overheard by 
the other party. 

To deal with the situation, the officer (s) must 
ask pertinent questions, and certain fundamen- 
tals must be followed: 

a. Obtain information regarding identities and re- 
lationship. Also obtain a phone number where 
victim can be reached. If victim wishes to 
leave her residence, obtain a phone number where 
she can be reached. Officers should be aware 
that if a victim goes to a shelter (due to con- 
fidentiality requirements) a message must be 
left for victim to return calls. 

b. Obtain information about firearms. If the of- 
ficer determines that the weapon cannot be 
seized: 

1. the judge can order defendant to surrender 
guns and FID card; and 

2. the chief can revoke for felony convictions, 
drug use, possession or sale; and mental 
illness. 

c. Unless necessary, avoid emphasis or in depth 
questioning on personal matters if there is an 
indication that the person would rather not dis- 
cuss them more fully. 

d. Ascertain if there is a prior history of such 
disputes and whether there are any vacate, 
restraining, no-contact or other protective or- 
ders currently in effect. 

e. Determine, when appropriate, who has lawful 
custody of any minors involved and whether court 
approved visitation rights are being trans- 
gressed. 

f. As a standard precaution, police should check 
for outstanding arrest warrants on persons en- 
countered durina a domestic dispute. Since of- 

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ficial court orders and other court papers are 
the best source for much of this information, 
police should ask the parties tb produce copies 
of court orders or other court papers to verify 
their claims; in addition, the police records 
bureau may be checked, or appropriate courts, 
social service agencies or attorneys contacted. 

g. Gather information, where applicable, which will 
assist the district, probate or Boston municipal 
courts in determining whether a "substantive 
dating relationship" exist. This is especially 
helpful if the officer anticipates activating 
the Emergency Judicial System. Chapter 209A 
specifies that such courts will take into con- 
sideration the following factors: 

* the length of time of the relationship; 

* the type of relationship; 

* the frequency of interaction between the 
parties ; and 

* if the relationship has been terminated by 
either person, the length of time elapsed 
since the termination of the relationship. 

h. Provide the addresses and telephone numbers of 
available crisis center or emergency shelters 
and where appropriate, advise any victims or 
witnesses of the Victim-Witness Assistance Pro- 
gram administered by the local District At- 
torney's Office. 



3.3 CHILDREN. Where children are present at a domestic 
dispute, their welfare and safety must be a major 
consideration. Any evidence of neglect or emo- 
tional, physical or sexual abuse of children under 
eighteen shall be carefully noted. Whenever a po- 
lice officer, in his professional capacity, has 
reasonable cause to believe that a child under 
eighteen is suffering serious physical or emotional 
injury resulting from abuse, including sexual 
abuse, or from neglect, including malnutrition, or 
if a child is determined to be physically dependent 
upon an addictive drug at birth, the officer shall 
make a full report to his superior such that an 
oral and written report may be made to the Depart- 
ment of Social Services as required by G.L. chapter 
119, section 51A. If an officer believes that a 
child under eighteen has died because of neglect, 
abuse or drug addiction, or is present in a 
household in which the officer observes the 
presence of drugs or evidence of drug use, he shall 
make a full report to his superior in addition to 
the report to the Department of Social Services in 
accordance with that same statute. 

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a. Officers should be aware that in serious cases 
of child neglect or abuse "any person" may apply 
to an appropriate juvenile court to have custody 
of a child under eighteen taken away from the 
parents or other neglectful or abusing custodian 
and have custody transferred, on an emergency 
basis, to the Department of Social Services or a 
licensed child care agency or individual. See 
Chapter 119, section 24. 

3.4 PROPERTY. The relationship of the parties and their 
property interests complicate domestic violence situa- 
tions. When a party to a domestic dispute is accused 
of removing or attempting to remove property from the 
dwelling or is accused of damaging or destroying prop- 
erty, he or she should be. warned of the potential 
civil or criminal consequences of his or her conduct, 
and both parties should be advised to seek legal 
counsel. A vacate order issued pursuant to c. 2 09A 
include the following requirement: 

The defendant shall not damage any of the 
plaintiff's belongings or those of another oc- 
cupant and shall not shut of any utilities or 
mail delivery to the plaintiff. 

3.5 FIREARMS. When a firearm or other weapon is present 
at the scene of a domestic violence situation or the 
responding officer (s) are informed that a firearm or 
weapon has been or may be involved in the dispute, the 
officer (s) shall: 

1. request that the firearm or weapon be placed in 
their custody temporarily; 

2. search for and take custody of the firearm or 
weapon if one of the parties requests that they 
do so; 

3. search for and take temporary custody of the 
firearm or weapon to alleviate the threat of 
serious violence that it poses; and 

4. determine whether a firearm is lawfully pos- 
sessed before returning the same. 



3.6 INCIDENT REPORTS. The reporting procedures of any 
other crime scene should be applied to domestic 
violence incidents. Prosecution and subsequent legal 
action can be greatly helped by documentation and des- 
cription of physical injuries, photographs of the in- 
juries, and/or noting the presence of children in 
household, and other information specified under 3.2. 

3.7 SERVICE OF ORDERS. Service of orders shall be in hand 
unless otherwise ordered by the court. 209 A Sec. 7 
requires that "the law enforcement agency shall 

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promptly make its return of service to the court". 

* Without judicial authorization, officers should 
not accompany defendants to the property for any 
reason . 

NOTE: The victim's safety should be considered in the 
timing of the service of the orders. 



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ABUSED PERSON'S NOTICE OF RIGHTS 

Directions to Police Officer: 

Give a victim of domestic violence immediate and ade- 
quate notice of his or her rights. The notice shall 
consist of handing said person a copy of the statement 
which follows below and reading the same to the victim. 
Where the victim's native language is not English, the 
statement shall be then provided in the victim's native 
language whenever possible. 

You have the right to appear at the Superior, Probate and family 
District or Boston Municipal Court, if you reside within the ap- 
propriate jurisdiction, and file a complaint requesting any of 
the following applicable orders: (a) an order restraining your 
attacker from abusing you; (b) an order directing you attacker 
to leave your household, building or workplace; (c) an order 
awarding you custody of a minor child; (d) an order direction 
your attacker to pay support for you or any minor child in your 
custody, if the attacker has a legal obligation of support; and 
(e) an order directing your attacker to pay you for losses suf- 
fered as a result of abuse, including medical and moving ex- 
penses, loss of earnings or support, costs for restoring utili- 
ties and replacing locks, reasonable attorney's fees and other 
out-of-pocket losses for injuries and property damage sustained. 

For an emergency on weekends, holidays, or week nights the po- 

-75- 



lice will refer you to a justice of the superior, probate and 
family, district, or Boston municipal court departments. 

You have the right to go to the appropriate district court or 
the Boston municipal court and seek a criminal complaint for 
threats, assault and battery, assault with a deadly weapon, as- 
sault with intent to kill or other related offenses. 

If you are in need of medical treatment, you have the right to 
request that an officer present drive you to the nearest hospi- 
tal or otherwise assist you in obtaining medical treatment. 

If you believe that police protection is needed for your physi- 
cal safety, you have the right to request that the officer pres- 
ent remain at the scene until you and your children can leave or 
until your safety is otherwise ensured. You may also request 
that the officer assist you in locating and taking you to a safe 
place, including but not limited to a designated meeting place 
for a shelter of a family member's or a friend's residence, or a 
similar place of safety. 

You may request a copy of the police incident report at no cost 
from the police department. 



-76- 



T/te Emergency Judicial Response System 



The Judicial Response System 



Report 



for 



Year Eight 



July 5, 1991 - July 3, 1992 



Massachusetts Trial Court 
Administrative Office 



Planning and Development Department 



August 1992 



-ii- 



JUDICIAL RESPONSE SYSTEM 

Highlights — Year 8 

(July 5, 1991 ■* July 3, 1992) 



Calls to the system increased 73% over the previous year — 
10,438, up from 6,048. 



Calls in Year 8 represent 35% of all calls to the system 
since it began in July, 1984. 



234 Trial Court justices volunteer to participate in the 
system. 

The Massachusetts State Police, in five locations statewide, 
serve as the contact point and dispatch agents for the 
activation of the system. 



The number of C.209A requests handled by the system after 
court hours (10,093) was equal to the total number of 
209A requests filed in six urban courts during the day — 
Springfield, Quincy, Lynn, Lawrence, Lowell and Dorchester. 



The number of 209A's was more than double the number filed 
in the Probate & Family Court in FY91. 



Of the nine regions of the state, the Worcester County area 
recorded the most calls for the year — 2,284; of these, 
2,229 (97%) were requests for relief under C.209A, the Abuse 
Prevention Act. 



299 of 351 city and town police departments (85%) utilized 
the system during the year; Worcester, Lynn, Springfield 
and Boston called the system most often. 



-78- 



Report for Year Eight 



The Massachusetts Trial Court operates the Judicial Response System, the 
state-wide emergency program which uses the services of 234 Trial Court 
justices who volunteer to assist police, hospitals, sheriffs and members of the 
public to resolve emergency legal situations. The Trial Court is indebted to the 
Massachusetts State Police for their continued excellence in acting as dispatch 
agents for the activation of the Judicial Response System. 

The Judicial Response System began on July 13, 1984. Since that time 
Trial Court justices working after court hours, on weekends, and holidays have 
volunteered to answer 29,764 recorded emergency response requests. The 
Report for Year Eight contains information recorded by justices of the Trial 
Court who volunteered their services during year eight (July 5, 1991 to July 3, 
1992) to record a total of 10,438 calls/ 





Number of 


Calls 




Year 1 


(7/13/84 - 6/28/85) 




324 


Year 2 


(6/28/85 - 6/27/86) 




698 


Year 3 


(6/27/86 - 7/10/87) 




1238 


Year 4 


(7/10/87 - 7/08/88) 




2.604 


Year 5 


(7/08/88 - 7/07/89) 




3,797 


Year 6 


(7/07/89 - 7/06/90) 




4,617 


Year 7 


(7/06/90-7/05/91) 




6,048 


Year 8 


(7/05/91 - 7/03/92) 




10,438 


Total 






29,764 



The Report for Year Eight contains information recorded on logsheets 
provided by each justice who serves in one of nine JRS Regions for a two week* 
period. 

Justices assigned for duty have been designated by the Chief Administra- 
tive Justice of the Trial Court as Associate Justices of all seven court 
departments. Acting as an emergency response justice, a judge is designated to 
perform the duties of a Superior, Land, Probate & Family, District, Housing, 
Juvenile or Boston Municipal Court Department justice. Justices of the Supreme 
Judicial Court and the Appeals Court are available to answer questions of an 
appellate nature should emergency judges need their assistance. 

* In Region B-5 (Berkshire County) justices serve for a one month period. 



-79- 



Judicial Response System Report for Year. Eight 

When the Judicial Response System was activated in July 1984, it 
formalized and consolidated individual response systems that had been in 
operation in the Boston Juvenile Court, Probate & Family and District Court 
Departments. 

For purposes of the Judicial Response System, the Commonwealth of 
Massachusetts has been divided into nine regions. Each region is served by the 
On Call Justice who provides emergency response to requests for a two week 
period. 

Generally, justices are assigned for duty in their region on the average of 
once every nine months. The frequency of scheduling varies from region to region 
because both the number of justices residing in each region and the level of 
participation varies from region to region. 

Five State Police barracks act as the dispatch agents for the system. 



B5 

y 



State-wide Regions 
C8 A3 




v State Police barracks 
JRS Co-ordination Sites 



B-5 - 


Cheshire 


B-6 - 


Northampton 


C-8 - 


Holden 


"A" 


Regioni • Boston 


-D" 


Regions • Middleboro 



Dll 



The Judicial Response System couid not operate without the expert, highly 
professional coordination provided by the Massachusetts State Police. 



7/5/91 - 7/2 92 



-80- 



Judicial Response System Report for Year Eight 





Calls By Quarter Year Eight 




Region 


QTR 29* 


QTR 30 


QTR 31 


QTR 32 


Total 


A1 


366 


385 


305 


532 


1,588 


A2 


96 


48 


86 


226 


456 


A3 


326 


401 


334 


517 


1,578 


A4 


283 


226 


237 


304 


1,050 


B5 


34 


42 


21 


83 


180 


B6 


311 


311 


279 


419 


1,320 


C8 


496 


591 


503 


694 


2,284 


D10 


204 


238 


177 


320 


939 


D11 


187 


216 


226 


414 


1,043 



" Quarter Dares 

QTR 29 07/05/91 - 09/27/91 
QTR 30 09/27/91 - 01/03/92 
QTR 31 01/03/92 - 03/27/92 
QTR 32 03/27/92 - 07/03/92 



Calls in Region C-8 (Worcester County) led the state for year eight with 
2,284 recorded calls. Every region increased calls dramatically with the largest 
numerical increase in Region C-8, which had an increase of 918 calls over the 
prior year. The largest percentage increase was in Region D-l 1 which had a 1 1 7% 
increase. 

Calls by Region Years Seven & Eight 



c» 



Ol o 



01 1 




»oo 



zooo 



Increase of 738 
Increase of 150 

Increase of 566 
Increase of 3 1 8 

Increase of 94 
Increase of 662 
Increase of 918 

2.za« 

Increase of 382 
Increase of 652 



Z BOO 



'B 7 ^3 Y" 8 



7/5/91 - 7/3/92 



-81- 



Judicial Response System Report for Year Eight 

JRS Calls By Case Type 



1 

! 

i 
1 


Ye»5 


Year 6 


Year 7 


YearS 


i 
i 

C.209A* 


3.412(90%) 


4,222(91*) 


5,694(94*) 


10.093 (97*) 


Restraining Order 


3 


2 


9 


7 \ 


Em. Medical 


67 


45 


57 


38 


C. 119s51C ,m 


19 


27 


12 


9 


Mental Health 


5 


6 


7 


5 


C.123*"" 


132 


134 


59 


63 


Grdnshp/Custdy/Vstn 


6 


5 


8 


33 


Arrng/Def/Arrst 


20 


22 


12 


17 1 


Search Warrant 


64 


72 


69 


71 


Juv/Cstdv/CHINs 


33 


27 


43 


18 


Bail 


14 


19 


20 


17 


C. 265 s26"" 


1 


1 


2 


2 


Other 


21 


35 


56 


65 

1 


Total 


3,797 


4.617 


6,048 


10438 | 

i 



The largest type of request continues to be for assistance with domestic 
abuse complaints. Abuse prevention legislation is contained in chapter 209A of 
the Massachusetts General Laws. Justices recorded 10,093 abuse calls during 
year eight. This is 97% of all emergency response requests for the year. This 
is an increase of 4,399 calls for c. 209A assistance over year seven and it 
represents a 77% increase in this category. 

This increase may be attributable to both a heightened public awareness 
of domestic violence issues and the changes in chapter 209A (Chapter 403 of the 
Acts and Resolves of 1 990). These included an expansion of the definition of a 
family member to include persons who "are or have been in a substantive dating 
or engagement relationship." The scope of a "vacate order was expanded to 
include the turning over of keys, and the inclusion of multiple dwellings and 
places of employment in an order. Section 4 of the law "extends from five to ten 
court business days the time the defendent has to be heard on continuing a 
temporary order and of other relief requested by the plaintiff." The emergency 
system was specifically included in the statute which now authorizes the 
communication of orders by telephone by the emergency judge to the officer on 
the scene. The legislation also mandated that all police departments implement 
standard domestic violence law enforcement policies. 

The second most numerous type of request was for Search Warrants. There 
were 71 requests for after-hour search warrants during year eight. 



7/5/91 - 7/3/92 

c. 209A - Abuse Prevention Act *"" c 123 - Mental health cornmitmeni of prisoners commitment of 

c. 119 t. SIC- Hospital custody of injured child drug/alcohol depenoent person 

*""" c 263 t 26 - kidnapping 

-82- 



Judicial Response System Report for Year Eight 

The third highest category of request was for "Other" which accounted for 
65 calls in the eighth year. 

Other Types of Calls 



Criminal 


9 


c.1 1 1B ( aicohoiism) 


1 


C.209B (child custody another state) 


2 


Disposition of Corpse 




Election Ballot Quest. 




Extradition 




Governor's Warrant (rendition) 




Habeas Corpus 




Injunction 


2 


Inquiry/ Quest/Advise 


25 


Landlord/Tenant 


5 


Marriage to Comatose Person 


1 


Sexual Harassment 


1 


Unknown/Wrong call 


14 



In the "Other" category, a significant number of calls (25) were either to 
ask for advise or pose questions to the on call judges. Educational efforts are 
needed to inform local police officials that these types of calls are inappropri- 
ate for the emergency system. Another category is that of unknown/wrong call 
(14) which may be attributed to false activation of the pagers or to confusion 
on the part of the requesting departments. 

In the chart below, Other significant categories of calls are displayed. 
In the medical and child abuse categories (Med/c.119) there was a decrease in 
requests in year eight. Judges were called to respond to medical emergencies 



1 so 



1 oo 




eo 



7/5/91 - 7/3/92 



-83- 



Judicial Response System Report for Year Eight 

38 times in year eight from 17 different hospitals. It is estimated that one 
quarter of these calls necessitated a judge's presence at a hospital to conduct 
a hearing to ascertain whether or not to authorize threatment for an incapacitated 
or minor patient. Judges are also called by hospital administrators to rule on 
the custody of children under chapter 1 1 9 section 51 C which authorizes a judge 
to order a physician to hold a child in the hospital pending a hearing where a child 
has been suspected of being abused. 

The final category combines mental health and c.123 calls. These requests 
numbered 68. Chapter 123 calls often concern the emergency commitment of 
mentally ill persons, a procedure which ordinarily can be accomplished by a 
physician or police officer. A portion of these requests come from sheriffs who 
request a judge's authorization to transfer a mentally ill prisoner from a jail 
or house of correction to the mental health facility. 



Requestors 



Local PJ>. 

State Police 

Hospital 

Mental Health Fac. 

DSS 

Social Serv. Fac. 

Shenff/HC 

Attorney 

AG/DA 

Physician 

Psychologist 

Clerk-Magistrate 

Another Judge 

Other 



3512 (90%) 

72 

96 

7 

5 

6 

59 

14 

9 

1 



7 

2 

7 



4336 094*) 
66 
97 
14 

7 

2 
58 

6 
10 





5 


16 



72 
70 

4 

12 



45 

14 

5 

1 



7 



16 



10204 

96 
49 

4 
4 


35 
9 

11 


5 


21 



Total 



3.797 



4617 



6.048 



10438 



Local police accounted for 98% (10,204 calls) of all requests recorded 
by on call justices during year eight. This is a numerical increase of 4,402 calls 
(76%) over year seven. Of the 351 cities and towns in the Commownwealth, 299 
used the Judicial Response System at least once during year eight. This is an 
increase of thirteen towns over year seven. The graph on the next page depicts 
the "top ten" towns for year eight. 



7/5/91 



'3 '92 



-84- 



Judicial Response System Report for Year Eight 



Number of Calls Year Eight - Selected Towns (Top Ten) 



*50 



400 



ISO 



300 



2 SO 



200 



1 SO 



1 oo 



so 




Massachusetts State Police accounted for the second highest number of 
requestors (96). The third highest number of requestors was hospitals (49). These 
are listed below. 



Anna Jaques (Newburyport) 

Addison Gilbert (Gloucester) 

Baystate Medical Cntr (Springfield) 

Brockton Hospital 

Burbank (Fitchburg) 

Carney (Boston) 

Cooley Dickinson (Northampton) 

Goddard (Stoughton) 

Hale Hospital (Haverhill) 

Hubbard Regional (Webster) 

Jordan (Plymouth) 



1 Lahey Clinic (Burlington) 

1 Lawrence General 

2 Metro-West (Framingham) 

2 Milford-Whitinsville(Milford) 

2 N.E. Medical Center (Boston) 

2 N.E. Memorial (Stoneham) 

2 Quincy 

1 So. Shore Hospital (So. Weymouth) 

1 Tobey (Wareham) 

1 Waltham Weston (Waltham) 

i 

2 U. Mass (Worcester) 



1 

2 

1 

4 

3 

3 

2 

5 

1 

1 

9 



7/5/91 - 7/3/92 



-85- 



Judicial Response System Report for Year Eight 

Requests made through the system for assistance by local police depart- 
ments for year eight are recorded below. Totals represent domestic abuse calls 
unless there is a total in the right hand column. The number in the right column 
is the number of calls (if any) that were not C.209A calls. 



Town 



ABNGTON 

ACTON 

ACU5HNET 

AQAMS 

AGAWAM 

AMES BURY 

AMHERST 

ANDOVER 

ARLINGTON 

ASH8URNHAM 

ASHBY 

ASHFIELD 

ASHLAND 

ATHOL 

ATTLEBORO 

AUBURN 

ATER 

BARNSTABLE 

BARRE 

BEDFORD 

BELCHERTOWN 

BELLINGHAM 

BELAJONT 

BERKLEY 

BERLIN 

BEVERLY 

BILLER1CA 

BLAOSTONE 

BOLTO N 

BOSTON 

BOURNE 



non Town 
209A 209A 



Town 



209A Z09A 



non Town 
209A 20SA 



nan Town 
ZOBA 209A 



203A 



BOXFORO 

BOYLSTON 

BRAINTREE 

BREWSTER 

BRIOGEWATER 

BRIMFIELO 

BROCKTON 

BROOKFIELD 

BROOKLJNE 

BUCKLAND 

BURLMGTON 

CAMBRIDGE 

CANTON 

CARLISLE 

CARVER 

CHARLEMONT 

CHARLTON 

CHATHAM 

CHELMSFORD 

CHELSEA 

CHESHIRE 

CHCOPEE 

CLARKSBURG 

CLINTON 

COHASSET 

CONCORD 

QALTON 

QANVERS 



14 
IS 
19 
20 
34 
25 
4« 
17 
69 
14 

8 

S 
35 
16 
144 
18 
28 
98 
10 
11 

9 
IS 
40 
11 

1 
59 
31 
23 

4 

289 

S3 

10 

8 

6 
IS 

2 
38 

1 

119 

16 

63 

4 

35 

118 

16 

2 
19 

2 
25 
11 

S 
167 

4 
109 

2 
SO 

2 
18 

7 
4A 



DARTMOUTH 

DEDHAM 

OEERFIELO 

DENNB 

DSHTON 



DRAQUT 

DUDLEY 

DUNSTABLE 

DUXBURY 

E.UCGEWATE1 

E.BROOKFELD 

LLONGMEADOW 

EASTHAM 

EASTHAMFTON 

EASTON 

EDGARTOWN 

ERVtKJ 



EVERETT 
FAStHAVEN 

fall river 

falmouth 

fttchburc 



FRAMMGMAM 

FRANKUN 
FREETOWN 



31 GEORGETOWN 



GRAFTON 



GRANVUJE 

GREENF IELD 

GROTON 

GROVELAND 

6T. BARRMBrON 

HADLEY 

HALIFAX 

HAMtTON 

HAMPDEN 

HANOVER 

HANSON 

HAADWCK 

HjrwtiU 

HARWCH 

HAVERHILL 

HEATH 

HMGHAM 



HOLDEN 

HOLLSTON 

HOLYOKE 

HOPEDALE 

HOPKJNTON 

HUBBAAOSTON 



HULL 



S3 

2 

14 

S 

12 

11 

7 

16 

3 

12 

6 

4 

13 

5 

36 

23 

20 

2 

6 

53 

56 

96 

20 

102 

28 

68 

64 

1 

133 

4 

128 

6 

20 

5 

1 

99 

14 

10 

14 

4 

5 

7 

9 

5 

S 

4 

4 

IS 

136 

1 

IS 

23 

11 

17 

102 

10 

11 

12 

SI 

SO 



2 IPSWICH 
KMGSTON 
LAKEVLLE 
LANCASTER 
LANESBORO 
LAWRENCE 

LEE 

LEICESTER 

LENOX 

LEOMMSTER 

LEVERETT 

LEMNGTON 

LETDEN 

LMODLN 

1 LfTTLETON 
LOMMEADDW 
LOWELL 
LUDLOW 
LUNENBERC 
LYNN 
LYNNFCLD 

1 MXTJL 
MALDEN 
MANCHESTER 
MAMSFELD 
MARBLEHEAD 
MAADN 
MARLBORO 
MARSKFELD 
MASHPEE 
MATTAPOCXTT 
MAYNARO 

1 MEDFELO 
MEDFORO 
MEDWAY 

1 MELROSE 
MENOON 
MERRIMAC 
METHUEN 
MJDOLEBORO 
MDDLETON 
MILFORD 
MILLBURY 

1 MILL1S 
MK.LVILLE 
MILTON 



MONTAGUE 
N. ADAMS 
HANDOVER 
N. ATTLEBORO 
N. BROOKFELD 
N. READ6« 



NANTUCKET 

NATKX 

NEW BEDFORD 

NEWBURY 

NEWBURYPORT 

NEWTON 



17 

13 

5 

2 

4 

94 

12 

38 

6 

163 

1 

8 

1 

3 

17 

13 

10 

25 

21 

366 

17 

2 

S3 

S 

34 

IB 

1 

41 

21 

10 

9 

19 

1 

118 

6 

23 

6 

2 

113 

26 

13 

63 

17 

6 

5 

43 

IS 

20 

21 

44 

71 

16 

12 

14 

40 

57 

200 

9 

24 

54 



NORFOLK 
NORTHAMPTON 



NORTON 
1 NORWELL 
OAK BLUFFS 

2 



ORLEANS 



PALMER 
PAXTDN 



PELHAM 
1 PEMBROKE 
PEPPERELL 
PETERSHAM 
PHRJJP5T0N 
3 PIIT SHEL D 
1 PLAJNV1LLE 
PLYMOUTH 
PRMC ETON 
PROVMCETOWN 
0JUB4CY 



RAYNHAM 
REAOMG 
REHOBETM 
REVERE 



1 



ROWLEY 

RUTLAND 

S. HADLEY 

SALEM 

SALISBURY 

SANDWCM 

SAU0U5 

saruATE 

1 SEEXDNK 

SHEFFELD 

SHRBOURNE 

SHERBORN 

SHIRLEY 

SHREWSBURY 

SOMERSET 

SOMERVLLE 

1 SOUTHAMPTON 
SOUTHBORO 
SOUTH BADGE 

1 SOUTHWKX 
SPENCER 

3 SPRINGFIELD 

3 . STERLING 
STOCKSRIDGE 
STONEHAM 
STOUGHTON 



6 

101 
34 
38 

14 

4 

26 

4 

20 

12 

SO 

19 

6 

139 

1 

6 

39 

2 

1 

61 

13 

85 

2 

2 

167 

47 

IS 

37 

6 

47 

7 

28 

19 

13 

16 

28 

78 

37 

23 

16 

16 

6 

16 

4 

4 

3 

19 

SS 

47 

105 

S 

s 

42 
5 

61 

318 

9 

1 

36 

SS 



STOW 

2 STURBRtOGE 
1 SUDBURY 

1 SUNDERLAND 
SUTTON 
SWAMPSCOTT 
SWANSEA 
TAUNTON 
TEMPLETON 
TEWKSBURY 

3 TSBURY 
TOPSFTELD 
TOWNSENO 

1 TRURO 



U. Man-AmtMrat 

UPTON 

UXBRIOGE 

W. BOYLSTON 

W. BRBXEWATER 

W. BROOKFCLD 

W. NEWBURY 

W. SPPNGFE LD 

W. STOCXBRJDGE 

W. TSBURY 

WAKEFIELD 

WALES 

WALPOLE 

WALTHAM 

WARE 

WAREHAM 

WARREN 

WATERTOWN 

WAYLAND 

WEBSTER 

WELLFLEET 

WENHAM 

WESTBORO 

WESTFIELD 

WESTFORO 

WESTHAMPTON 

WESTMINSTER 

WESTON 

WESTFORT 

WESTWOOO 

WEYMOUTH 

WHITMAN 

WLBRAHAM 

WILUAMSBURG 

WILLIAMSTOWN 

WILMMGTON 

W9ICHEN00N 

WINCHESTER 

WINDSOR 

WR4THR0P 

WOBURN 

WORCESTER 

WRENTHAM 

YARMOUTH 



7 

11 

20 

9 

26 

22 

24 

175 

52 

23 

18 

6 

25 

4 

7 

IS 

19 

58 

7 

9 

11 

2 

93 

1 

6 

26. 

1 

35 

104 

39 

26 

22 

35 

9 

59 

6 

8 

S3 

31 

6 

2 

9 

3 

11 

1 

80 

43 

10 

1 

4 

26 

45 

11 

2 

55 

S3 

428 

17 

61 



Please note, some towns not listed have maintained arrangements with 
their local district court to handle emergency calls independently of the 
Judicial Response System. 

7/5/91 - 7 3/92 
-86- 



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-88- 



Legal developments in (Domestic Violence, Law 




SCOTT HARSHBARGER 
ATTORNEY GENERAL 

(617) 727-2200 



zjAe> wosTLnzaruMecLuAs o^ \^lciAA*icAtiAe/fo 




este#a.l 
''oA/asv, ^tfs$ 02408-4698 



MEMQEANnnM 



4^ 



TO: Chiefs of Police 

FROM: Scott Harshbargei 

DATE: May 21, 1992 

RE: Chapter 31 of the Acts of 1992, An Act Establishing The Crime Of Stalking 



Attached for your information is a copy of the recently-enacted Chapter 31 of the Acts 
of 1992, establishing the crime of stalking. This statute adds a new Section 43 to Chapter 265 
of the General Laws. Governor Weld signed an emergency preamble to the legislation, 
rendering it effective immediately upon receiving his approval. Therefore, the statute applies 
to acts occurring after 11:33 a.m. on May 18. 1992 . A brief analysis of the legislation follows. 

SUMMARY 

The statute creates the crime of stalking, with two sentence enhancement provisions. 
The crime is a felony , allowing arrest based on probable cause, whether or not committed in the 
officer's presence. 

1. Any person who willfully, maliciously and repeatedly follows or harasses* another 
person and who makes a threat with the intent of placing that person in imminent 
fear of death or serious bodily injury is guilty of the crime of "stalking", a felony, and 
subject to a maTimnm state prison sentence of five years, or a house of correction 
sentence of up to two and one-half years, or a fine of up to $1000, or both fine and 
imprisonment. G.L. c.265, §43(a). 

*"Harasses" is defined in the statute (subsection (d)) as "a knowing and willful 
pattern of conduct or series of acts over a period of time directed at a specific person, 
which seriously alarms or annoys the person . . . [and which is] such as would cause a 
reasonable person to suffer substantial emotional distress." 

2. Any person who commits the crime of "stalking" in violation of a vacate, restraining, 
or no-contact order issued under G.L. c. 208 or G.L. c. 209A, or any other temporary 
restraining order or preliminary or permanent injunction issued by the superior 
court, faces a mandatory miniminn one year sentence (with the maximum sentence 
remaining five years in state prison). G.L. c.265, §43(b). 

3. Any person convicted of a second or subsequent violation of any provision of the 
stalking law faces a m aximum ten year state prison sentence, and a mandatory 
minimum two-year sentence. G.L. c.265, §43(c). 



-89 



Memorandum 

Page 2 

May 21, 1992 



ELEMENTS 



Therefore, the following elements constitute the crime of stalking in violation of G.L. 
c.265, §43(a): 

1. That the defendant acted wjJ1fo1)y ; 

2. That the defendant acted n-mfljcj ou sl y ; 

3. That the defendant followed OR harassed another person; 

4. That the defendant engaged in the conduct repeatedly ; 

5. That the defendant made a threat , with the intent to place the vi^fim fn 
imminent fear of death or serious bodily injury . 



that: 



For the mandatory minimum sentences to apply, it must also be alleg ed and proven 

6. The acts were committed in violation of one of the orders or inju ncti ons specified 
in the statute (G.L. c.265, §43(b)); 

OR 

7. That the defendant had previously been convicted o f the, mmp of stalking (G.L. 
c.265, §43(c)). 

NOTE : Complaints or in dictments should be drawn in the precise wording of the statute. If 
the acts alleged are covered by the mandatory minimum sentencing provisions of the 
statute, and the prosecutor wishes to ensure that these sentencing provisions apply, 
the complaint or indictment should be drawn in two parts, with the second page 
alleging, in the specific terms of the statute, the relevant aggravating factor (i.e., 
violation of a court order or previous conviction for stalking). 

The statute is intended to fill a void in current law, allowing police and the courts to 
intervene in certain circumstances before abuse escalates. Instead of being faced with various 
isolated misdemeanor offenses which must be proved separately, these separate acts of 
harassment can be joined to prove a dangerous pattern resulting in a felony offense. 

If you have any questions about the provisions of the statute, please feel free to call 
either Jane Tewksbury, Chief of the Family and Community Crimes Bureau in this office, or 
Diane Juliar, Director of Policy and Training. Either can be reached at (617) 727-2200. 

220 



-90- 



S 1493 

Chapter 



31 



THE COMMONWEALTH OF MASSACHUSETTS 
In Che Year One Thousand Nine Hundred and Ninety-two 
AN ACT ESTABLISHING THE CRIME OF STALKING. 

Be it enacted by the Senate and House of Representatives in General Court 
assembled, and by Che author icy of the same, as follows: 

Chapter 265 of the General Laws is hereby amended by adding the following 
section:- 

Section 43. (a) Whoever willfully, maliciously, and repeatedly follows 
or harasses another person and who makes a threat with the intent to place 
that person in imminent fear of death or serious bodily injury shall be guilty 
of the crime of stalking and shall be punished by imprisonment in the state 
prison for not more than five years or by a fine of not more than one thousand 
dollars, or imprisonment in the house of correction for not more than two and 
one-half years or both. 

(b) Whoever commits the crime of stalking in violation of a temporary or 
permanent vacate, restraining, or no-contact order or judgment issued pursuant 
to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred 
and eight; or section thirty-two of chapter two hundred and nine; or sections 
three, four, or five of chapter two hundred and nine A; or sections fifteen or 
twenty of chapter two hundred and nine C; or a temporary restraining order or 
preliminary or permanent injunction issued by the superior court, shall be 
punished by imprisonment in a jail or the state prison for not less than one 
year and not more than five years. No sentence imposed under the provisions 
of this subsection shall be less than a mandatory minimum term of imprisonment 
of one year . 

A prosecution commenced hereunder shall not be placed on file or continued 
without a finding, and the sentence imposed upon a person convicted of violat- 
ing any provision of this subsection shall not be reduced to less than the 
mandatory minimum term of imprisonment as established herein, nor shall said 
sentence of imprisonment imposed upon any person be suspended or reduced until 
such person shall have served said mandatory term of imprisonment. 



-91- 



S 1493 

A person convicted of violating any provision of this suosection snail 
not, until he shall have served the mandatory minimum term of imprisonment es- 
tablished herein, be eligible for probation, parole, furlough, work release or 
receive any deduction from his sentence for good conduct under sections one 
hundred and twenty-nine, one hundred and twenty-nine C and one hundred and 
twenty-nine D of chapter one hundred and twenty-seven; provided, however, that 
the commissioner of correction may, on the recommendation of the warden, su- 
perintendent, or other person in charge of a correctional institution, grant 
to said offender a temporary release in the custody of an officer of such in- 
stitution for the following purposes only: to attend the funeral of next of 
kin or spouse; to visit a critically ill close relative or spouse; or to ob- 
tain emergency medical services unavailable at said institution. The provi- 
sions of section eighty-seven of chapter two hundred and seventy-six relating 
to the power of the court to place certain offenders on probation shall not 
apply to any person seventeen years of age or over charged with a violation of 
this subsection. The provisions of section thirty-one of chapter two hundred 
and seventy-nine shall not apply to any person convicted of violating any pro- 
vision of this subsection. 

(c) Whoever, after having been convicted of the crime of stalking, com- 
mits a second or subsequent such crime shall be punished by imprisonment in a 
jail or the state prison for not less than two years and not more than ten 
years. No sentence imposed under the provisions of this subsection shall be 
less than a mandatory minimum term of imprisonment of two years. 

A prosecution commenced hereunder shall not be placed on file or continued 
without a finding, and the sentence imposed upon a person convicted of violat- 
ing any provision of this subsection shall not be reduced to less than the 
mandatory minimum term of imprisonment as established herein, nor shall said 
sentence of imprisonment imposed upon any person be suspended or reduced until 
such person shall have served said mandatory term of imprisonment. 

A person convicted of violating any provision of this subsection shall 
not, until he shall have served the mandatory minimum term of imprisonment es- 
tablished herein, be eligible for probation, parole, furlough, work release or 
receive any deduction from his sentence for good conduct under sections one 
hundred and twenty-nine, one hundred and twenty-nine C and one hundred and 
twenty-nine D of chapter one hundred and twenty-seven; provided, however, that 
the commissioner of correction may, on the recommendation of the warden, su- 

-92- 



£ 1493 

per incendenc , or other person in charge of a correctional institution, grant 
to said offender a temporary release in the custody of an officer of such in- 
stitution for the following purposes only: to attend the funeral of next of 
kin or spouse; to visit a critically ill close relative or spouse; or to ob- 
tain emergency medical services unavailable at said institution. The provi- 
sions of section eighty-seven of chapter two hundred and seventy-six relating 
to the power of the court to place certain offenders on probation shall not 
apply to any person seventeen years of age or over charged with a violation of 
this subsection. The provisions of section thirty-one of chapter two hundred 
and seventy-nine shall not apply to any person convicted of violating any pro- 
vision of this section. 

(d) For the purposes of this section, "harasses" means a knowing and 
willful pattern of conduct or series of acts over a period of time directed at 
a specific person, which seriously alarms or annoys the person. Said conduct 
must be such as would cause a reasonable person to suffer substantial emotion- 
al distress. 



// ■ 



Passed to be enacted, 



House of Representatives, May // , 1992 






In Senate, May '/ , 1992 



c 




Passed to be enacted. r^U"^ % <&^2+^T , Pres ident 



/*u+i 



Approved , 



Governor 



-93- 



STALKING BILL 

By: Robert J. Bender, Assistant District Attorney, 
Essex County District Attorney's Office 

On Monday, May 18, 1992, Governor Weld signed Senate Bill 
1493, St. 1992, c. 31, which creates two new crimes, "stalking" 
and stalking in violation of a court order, G.L. c. 265, 
§§43 (a) and 43(b), respectively. There are enhanced penalties 
for second and subsequent convictions of stalking, added as 
§43 (c) . An emergency preamble was signed, which made these new 
crimes effective at 2:30 p.m. Monday, May 18, 1992. 

Ff.TTfl ENTS 
"STALKING!" C 265. S43ra) 

(1) "whoever willfully, maliciously, and repeatedly" 

(2) "follows or harasses another person" 

(3) " and who makes a threat with the intent to place that 
person in imminent fear of death or serious bodily 
injury" 

"STALKING TN VIOLATION OF A COURT ORDER:" c. 265. $43 (b) 

(1) "whoever commits the crime of stalking" 

(2) "in violation of a temporary or permanent vacate, 
restraining, or non-contact order or judgment issued 
pursuant to" G.L. c. 208, §§18, 34B, or 34C, or G.L. 
c. 209, §32, or G.L. c. 209A, §§2, 4, or 5, or G.L. c. 
209C, §§15 or 20, or a temporary restraining order or 
preliminary or permanent injunction issued by the 
superior court. 

ANALYSIS 

The Legislature has recognized that some offenders have 
been committing serious misconduct which seemed to "borrow" 
elements of certain "traditional" crimes, but as a whole was 
not targetted by any crime. This new statute defines a new 
crime, "stalking," and spells out its elements with particular 
care to give proper notice of what misconduct falls within its 
scope. The new crime is not intended to replace but to 
complete the familiar list of offenses against persons which 
have been used to address such behavior. It is certain that in 



July 1992 

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LAW ENFORCEMENT 
NEWSLETTER 



the past: some offenders have committed acts best described as 
"stalking, n but until now these offenders usually could be 

prosecuted only for misdemeanors. Nov, if every element of the 

crime of stalking can be shown to have occurred since 2:30 p.m. 

on Hay 18, 1992, a felony can be prosecuted in appropriate 

cases . 

Jurisdiction and Penalties 

"Stalking," G.L. c. 265, §43 (a), is punishable by a fine or 
by 5 years imprisonment in state prison or by 2 1/2 years in 
the house of correction. Thus it falls within the concurrent 
jurisdiction of the District Court and the Superior Court. 
"Stalking in violation of a court order," G.L. c. 265, §43 (b) , 
also is punishable by 5 years imprisonment in state prison or 
by 2 1/2 years in the house of correction, but this crime 
carries a mandatory minimum sentence of one year, which may not 
be suspended or reduced by probation, parole, work release, or 
furlough. The statute uses the same language for the mandatory 
portion of the sentence as is used in G.L. c. 94C, §32H, 
concerning mandatory minimum sentences for certain drug 
offenses. This crime too falls within the concurrent 
jurisdiction of the District Court and the Superior Court. 

Second and Subsequent Offenses 

Under G.L. c. 265, §43 (c), if a prior conviction for "the 
crime of stalking" is proven, the authorized penalty doubles to 
10 years imprisonment in state prison, with a house of 
corrections alternative. There is a 2 year mandatory minimum 
term. G.L. c. 218, §26, has not been amended to bring second 
and subsequent offenses within the jurisdiction of the District 
Court. Now it is a 10 year felony within the jurisdiction of 
the Superior Court only. Note that §43 (c) is not as clear as 
it should be regarding what "counts" as a "prior conviction." 
It is certain that repeat violations of §43 (a), which is 
defined specifically as "the crime of stalking," are to be 
treated as "second and subseguents" subject to §43(c) / s 
enhanced penalties. The crime of stalking in violation of a 
court order, as defined by §43 (b) , is an "aggravated" form of 
stalking, so that logically a previous conviction under §43 (b) 
should make the repeat offender one who has "been convicted of 
the crime of stalking." It may be argued, however, that §43 (c) 
applies by its very terms only to prior violations of §43 (a). 

Definitio n of "Harasses" 

As the elements show, stalking is either willful, 
malicious, and repeated "following" with proof of actual 

July 1992 

-95- 



threat, or willful , malicious, and repeated "harassment" with 
proof of actual threat. The new statute defines "harasses" in 
such a manner that if one can prove the statutory element of 
"harasses p " one also will have proved "willfully, maliciously, 
and repeatedly." To prove "harasses," one must show "a knowing 
and willful pattern of conduct or series of acts over a period 
of time," which is the functional equivalent of "willfully" and 
"repeatedly. " This choice of language implies that to 
establish "harasses," it is not enough to prove that the 
offender committed several distinct acts (which seriously alarm 
or annoy) at one time or in one criminal contact with the 

victim. It is necessary to prove distinct acts which occurred 
"over a period of time." Stalking is repeated harassment. 

Harassment is repeated if it occurs on more than one occasion; 

harassment is repeated even if the offender does not repeat the 

first pattern of conduct but changes to a different type of 

harassing conduct. 

The second part of the definition of "harasses" requires 
that the misconduct "seriously alarms or annoys the person" and 
is "such as would cause a reasonable person to suffer 
substantial emotional distress." Thus the statute requires 
that the victim actually feel serious alarm or serious 
annoyance due to the offender's actions directed at that 
person, and that the offender's actions be "such as would 
cause" any reasonable person to suffer such "substantial 
emotional distress." 

Evidence of a Threat 

The third element of "stalking," that of "and who makes a 
threat with the intent to place that person in imminent fear of 
death or serious bodily injury," cannot be overlooked. An 
offender who repeatedly makes such threats does maliciously 
harass, but one does not commit the crime of stalking by 
following or harassing alone. There must be proof of an actual 
threat. The "threat" element of stalking is "narrower" than 
the familiar "threat to commit a crime" offense in G.L. c. 275, 
§3. The threat in stalking requires proof that the offender 
had the specific intent to place the victim "in imminent fear 
of death or serious bodily injury. " It is not enough that the 
victim feel threatened or that the offender's acts or words 
"seriously alarm or annoy" the victim. Proof of stalking 
requires evidence of the offender's state of mind or 
intention. In practical terms, however, specific intent to 
place the victim in imm inent fear may be inferred from the 
offender's acts or words as reported by the victim.* It is not 
necessary to establish that "a reasonable person" would have 



July 1992 

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LAW ENFORCEMENT 
NEWSLETTER 



been placed in fear by 'the threat, but if that is established, 
the inference that the offender intended to place the victim in 
fear is strong. In addition, specifying that the threat be 
made with the intent to cause the victim "imminent fear" should 
be read to mean that the offender intended that the victim be 
in fear immediately. This does not require that the threat be 
one of immediate harm. It is enough that the offender intend 
the victim to be immediately and/or continuously in fear of a 
harm which could occur at any time, without warning. The 
statute does not require that the threat be made "in person." 

Stalking bv Following 

Finally, the mere willful and repeated following of another 
is not "stalking." The offender must follow "maliciously," and 
also must make the requisite threat. The threat does not need 
to occur during the act of following, and once the threat is 
made, the "malice" of the act of following may be more 
evident. It would seem that any acts of malice during the 
following also establish the malicious intent. 

Stalking in Violation of a Court Order 

Stalking in violation of G.L. c. 265, §43 (a), is a lesser 
included offense, or necessary element of stalking in violation 
of a court order, under G.L. c. 265, §43 (b). The "aggravated" 
form of stalking carries the additional element that the 
stalking occur in violation of the terms of a court order that 
the offender "vacate" the victim's home, or have "no contact, " 
or "refrain from abuse." The court orders listed in the 
stalking statute are the same ones listed in G.L. c. 209A, §7, 
orders which will have been served on the offender pursuant to 
G.L. c. 209A, §7. Of course, violation of such court orders is 
itself a crime, created by G.L. c. 209A, §7, and punishable by 
a fine or by up to two and one half years in jail. Stalking in 
violation of a court order thus appears as an "aggravated" form 
of this misdemeanor too. 

No court order is violated by acts which occur before such 
an order is issued, and it is not necessary to prove that the 
offender intended to violate the court order to prove this 
crime; it is only necessary to prove that the offender 
willingly, maliciously, and repeatedly did the acts which 
constitute stalking. By the act of stalking, one may commit an 
act of abuse ("placing another in fear of imminent serious 
physical harm") or otherwise violate a "no-contact" or vacate 
(and stay away) order. It does not appear necessary to prove 
that the offender had been served with the court order, but it 



July 1992 

-97- 



is prudent to show that the offender was served or otherwise 
knew about the court order because such evidence strengthens 
the inferences of malice and intent to place the victim in 
imminent fear, each an element of stalking. A prosecutor may 
argue that one who stalks may be guilty without knowledge of 
the court order on a strict liability basis. See Commonwealth 
v. Miller . 385 Mass. 521, 524-525 (1982) (statutory rape). 

Acts of Stalking Committed Before Mav 18. 1992 

It is important to realize that conduct which occurred 
before the time that stalking became a crime may be used only 
to put the offender's conduct after criminalization into 
context. See , e.g . . Commonwealth v. Gordon . 407 Mass. 340, 351 
(1990) (evidence of acts which occurred before issuance of 
restraining order may be admissible at trial for violation of 
that order) • The offender must act repeatedly and make the 
requisite threat after the passage of the statute, regardless 
of his or her earlier conduct. 

Form of Complaint or Indictment 

Complaints or indictments should be drawn in the precise 
wording of the statute. If the acts alleged are covered by the 
mandatory minimum sentencing provisions of the statute, and the 
prosecutor wishes to ensure that these sentencing provisions 
apply, the complaint or indictment should be drawn in two 
parts, with the second page alleging, in the specific terms of 
the statute, the relevant aggravating factor (i.e., violation 
of a court order or previous conviction for stalking) . 

CpWCLVSIQW 

While the Stalking Bill may not be the solution to every 
case, it will prove to be an important protection or prevention 
only if it is implemented and not ignored. Do not hesitate to 
contact your District Attorney's office or the Attorney 
General's office (Jane Tewksbury, Chief of the Family and 
Community Crimes Bureau, or Diane Juliar, Director of Policy 
and Training, (617) 727-2200) with questions, suggestions, or 
comments based on your experiences with this new statute. Do 
not be deflected from prosecutions by challenges to the statute 
which will be addressed one by one in the trial courts, 
appellate courts, and perhaps in the Legislature. 



July 1992 

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LAW ENFORCEMENT 
NEWSLETTER 



TEXT OF G.L. e. 265. S43 , the "Stalking Bill" 

Section 43 (a) ; Whoever willfully, maliciously, and 
repeatedly follows or harasses another person and who makes a 
threat with the intent to place that person in imminent fear of 
death or serious bodily injury shall be guilty of the crime of 
stalking and shall be punished by imprisonment in the state 
prison for not more than five years or by a fine of not more 
than one thousand dollars, or imprisonment in the house of 
correction for not more than two and one-half years or both. 

Section 43 (b) ; Whoever commits the crime of stalking in 
violation of a temporary or permanent vacate, restraining, or 
non-contact order or judgment issued pursuant to sections 
eighteen, thirty- four B, or thirty- four C of chapter two 
hundred and eight; or section thirty-two of chapter two hundred 
and nine; or sections three, four, or five of chapter two 
hundred and nine A; or sections fifteen or twenty of chapter 
two hundred and nine C; or a temporary restraining order or 
preliminary or permanent injunction issued by the superior 
court, shall be punished by imprisonment in a jail or the state 
prison for not less than one year and not more than five 
years. No sentence imposed under the provisions of this 
subsection shall be less than a mandatory minimum term of 
imprisonment of one year. 

A prosecution commenced hereunder shall not be placed on 
file or continued without a finding, and the sentence imposed 
upon a person convicted of violating any provision of this 
subsection shall not be reduced to less than the mandatory 
minimum term of imprisonment as established herein, nor shall 
said sentence of imprisonment imposed upon any person be 
suspended or reduced until such person shall have served said 
mandatory term of imprisonment. 

A person convicted of violating any provision of this 
subsection shall not, until he shall have served the mandatory 
minimum term of imprisonment established herein, be eligible 
for probation, parole, furlough, work release or receive any 
deduction from his sentence for good conduct under sections one 
hundred and twenty-nine, one hundred and twenty-nine C and one 
hundred and twenty-nine D of chapter one hundred and 
twenty-seven provided, however, that the commissioner of 
correction may, on the recommendation of the warden, 
superintendent, or other person in charge of correctional 
institution, grant to said offender a temporary release in the 
custody of an officer of such institution for the following 
purposes only: to attend the funeral of next of kin or spouse; 



July 1992 

-99- 



to visit a critically ill close relative or spouse; or to 
obtain emergency medical services unavailable at said 
institution. The provisions of section eighty-seven of chapter 
two hundred and seventy-six relating to the power of the court 
to place certain offenders on probation shall not apply to any 
person seventeen years of age or over charged with a violation 
of the subsection. The provisions of section thirty-one of 
chapter two hundred and seventy-nine shall not apply to any 
person convicted of violating any provision of this subsection. 

Section 43 (c) : Whoever, after having been convicted of the 
crime of stalking, commits a second or subsequent such crime 
shall be punished by imprisonment in a jail or the state prison 
for not less than two years and not more than ten years. No 
sentence imposed under the provisions of this subsection shall 
be less than a mandatory minimum term of imprisonment of two 
years . 

A prosecution commenced hereunder shall not be placed on 
file or continued without a finding, and the sentence imposed 
upon a person convicted of violating any provision of this 
subsection shall not be reduced to less than the mandatory 
minimum term of imprisonment as established herein, nor shall 
said sentence of imprisonment imposed upon any person be 
suspended or reduced until such person shall have served said 
mandatory term of imprisonment. 

A person convicted of violating any provision of this 
subsection shall not, until he shall have served the mandatory 
minimum term of imprisonment established herein, be eligible 
for probation, parole, furlough, work release or receive any 
deduction from his sentence for good conduct under sections one 
hundred and twenty-nine, one hundred and twenty-nine C and one 
hundred and twenty-nine D of chapter one hundred and 
twenty-seven; provided, however, that the commissioner of 
correction may, on the recommendation of the warden, 
superintendent, or other person in charge of correctional 
institution, grant to said offender a temporary release in the 
custody of an officer of such institution for the following 
purposes only: to attend the funeral of next of kin or spouse; 
to visit a critically ill close relative or spouse; or to 
obtain emergency medical services unavailable at said 
institution. The provisions of section eighty-seven of chapter 
two hundred and seventy-six relating to the power of the court 
to place certain offender on probation shall not apply to any 
person seventeen years of age or over charged with a violation 
of this subsection. The provisions of section thirty-one of 
chapter two hundred and seventy-nine shall not apply to any 
person convicted of violating any provision of this section. 

July 1992 

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LAW ENFORCEMENT 
NEWSLETTER 



Section 43 (d) : For the purposes of this section, 
"harasses* 1 means a knowing and willful pattern of conduct or 
series of acts over a period of time directed at a specific 
person, which seriously alarms or annoys the person. Said 
conduct must be such as would cause a reasonable person to 
suffer substantial emotional distress. 

Effective Date: May 18 , 1992 



July 1992 

-101- 



FREQUENTLY ASKED QUESTIONS ABOUT STALKING 

The following is our current understanding of the 
application of the stalking law. Check with your local 
District Attorney's office, however, to determine whether a 
stalking charge is appropriate in a particular case. 

1. What does the term "repeatedly" mean? 

This term should be given its common sense meaning, that 
is, "more than once". 



2. Are threats a necessary element of stalking, and what kinds 
of threats are sufficient to satisfy this element? 

Yes, it is an element of the crime of stalking that a 
defendant made a threat with the intent of placing the victim 
in imminent fear of death or serious bodily injury. Unless a 
threat has been made, stalking cannot be charged. 

A verbal threat or an action which clearly is intended to 
communicate a threat to the physical well-being of the victim, 
may also satisfy the "threat" element of the crime. For 
example, mailing a copy of a burial insurance policy to the 
victim may be a sufficient "threat" to satisfy this element of 
the crime. 

NOTE: The victim and perpetrator need not have any special 
relationship (for example, "family or household member" as in 
c. 209A) for stalking to be charged under G.L. c. 265, § 43(a). 

3. If there is an outstanding restraining order issued by the 
Superior Court involving two parties not eligible for a 
domestic violence restraining order (for example, 
co-workers who have never had a dating relationship) , can 
stalking in violation of that restraining order be 
prosecuted under c. 265, § 43(b)? 

Yes, the violation of a Superior Court restraining order 
prohibiting a person from imposing any restraint on the 
personal liberty of another is no different from the violation 
of any other restraining order for the purpose of charging the 
defendant with stalking in violation of a restraining order 
under G.L. c. 265, § 43(b). However, other violations of 
non-domestic violence restraining orders are not criminal 
offenses and are only enforceable through civil contempt 
proceedings . 



-102- 



4. Can one of the incidents required to prove the elements of 
stalking have occurred before the effective date of the 
law? 

No. In our view, stalking cannot be charged under these 
circumstances. All of the conduct necessary to prove the crime 
of stalking must have occurred after May 18, 1992, the 
effective date of the law. 



5. In charging stalking, what date do you use on the complaint 
when the incidents giving rise to a charge of stalking 
occurred on different dates? 

You should charge "diverse dates". 



6. If the particular circumstances don't support a charge of 
stalking, what other charges might be brought? 

Some examples of the charges which may be brought include: 

Intimidation of a Witness, G.L. c. 268, § 13B 

Annoying Phone Calls, G.L. c. 269, § 14A 

Threat to Commit a Crime, G.L. c. 275, § 2 

Annoying or Harassing a Person of the Opposite Sex, G.L. c. 

272, § 53 

7. Where should the complaint be brought if various incidents 
occurred in different jurisdictions? 

A. We are advising law enforcement officials to bring the 
complaint in the jurisdiction where the last incident used to 
satisfy all the elements of the offense occurred, because it is 
at that time that the crime of stalking has occurred. For 
example, if a defendant has been waiting outside his former 
girlfriend's place of work every day in Lynn, and then calls 
her at her home in Somerville and threatens her life, we would 
recommend that the complaint be brought in the Somerville 
District Court. (The Attorney General plans to file legislation 
which would establish venue in any jurisdiction where an act 
constituting an element of the crime of stalking occurred.) 

B. However, if some of the incidents occur out of state, 
e.g., at the victim's cottage in New Hampshire, but the most 
recent one occurs in Massachusetts, it is not clear that a 
stalking charge can be brought in Massachusetts. 



-103- 



8. Do the incidents underlying a stalking complaint have to 
occur within a certain period of time? 

You will have to determine whether or not the crime of 
stalking should be charged on a case-by-case basis. There is 
no requirement under the law that the incidents occur within a 
certain period of time. For example, in one case, a defendant 
may threaten a victim and then, once a month appear in front of 
her home and remain all day. In another case, on a single day, 
the offender may threaten a victim over the phone, go to her 
place of employment, be waiting outside of her home later that 
day and follow her out in the evening. In our view, both of 
these cases could constitute stalking. However, in some cases, 
the incidents may be so far apart in time, and their connection 
so slight, that a stalking charge would be inappropriate or 
unprovable. 



9. What if the restraining order is from another jurisdiction? 

As long as it is a Massachusetts order, the location of the 
issuing court is irrelevant. (The Attorney General's office 
plans to file legislation to include similar restraining orders 
issued by courts in other states within the definition of 
restraining order in the stalking law.) 

10. What does the term "threats" mean? 

"The word 'threat' has a well established meaning in both 
common usage and in the law. It is 'the expression of an 
intention to inflict evil, injury, or damage on another.' 
(Citation omitted) In law 'threat' has universally been 
interpreted to require more than the mere expression of 
intention. It has, in fact, been interpreted to require both 
intention and ability in circumstances which would justify 
apprehension on the part of the recipient of the threat." 
Robinson v. Bradley . 300 F.Supp. 665, 668 (D. Mass . 1969) 
However, in Commonwealth v. Ditsch . the Massachusetts Appeals 
Court retreated from the requirement that a defendant be able 
to effectuate his threat. In that case the Appeals Court 
stated, "[w]e do not think that the absence of immediate 
ability, physically and personally, to do bodily harm precludes 
a conviction for threats." 19 Mass. App. Ct . 1005 (rescript) 
(1985). In Ditsch . the defendant was incarcerated and made 
threats in letters written to his mother-in-law. The court 
found that the mother-in-law could reasonably have believed 
that the defendant actually had the ability to cause her bodily 
harm, either personally after his release or through his 
employment of an agent. 
0102p 



-104- 



Chapter 188 of the Acts of 1992: 
Statewide (Domestic Violence Registry 




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ertejtCL 



l 



SCOTT HARSHBARGER 
ATTORNEY GENERAL 

(617) 727-2200 



03n& S^aAAuj</qsv SP/ace,, 
SSoAtarv, ^£s$ 02408-4698 



MEMORANDUM 



TO: CHIEFS OF POLICE 



FROM: SCOTT HARSHBARGER 



DATE: OCTOBER 19, 1992 



RE: DOMESTIC VIOLENCE REGISTRY BILL 



Attached for your information is copy of the recently 
enacted Domestic Violence Registry Bill (Chapter 188 of the 
Acts and Resolves of 1992) , which establishes a statewide 
central registry system for domestic violence civil restraining 
orders and for criminal violations of those orders. This law 
which was enacted with an emergency preamble went into effect 
at 2:58 p.m. on September 18, 1992. 

This bill amends all of the sections of the Massachusetts 
General Laws under which civil domestic violence restraining 
orders are issued including Chapter 208 (Divorce), Chapter 209 
(Husband and Wife), Chapter 209A (The Abuse Prevention Act), 
and Chapter 209C (Children Born Out of Wedlock). 

1. Basically what this bill does is to require the 
Commissioner of Probation to include the issuance of civil 
restraining orders, and violations of those orders, in the 
Court Activity Record Information system (CARI) . This will 
give the judge, through Board of Probation checks, and the 
police, through the Criminal Justice Information System (CJIS) , 
information regarding probation and default or other court 
warrants. (CORI information and information regarding arrest 
warrants are not included in this system and must be accessed 
separately through CJIS.) 

(NOTE: All civil restraining orders issued since September 
7, 1992, under the sections affected by this bill, have been 
registered. ) 



-105- 



2. Second, the bill requires a judge who is conducting a 
civil e_x parte or 10 day restraining order hearing to access 
the statewide domestic violence registry maintained by the 
Commissioner of Probation. 

3. Third, if as a result of this record check, the judge 
determines that there is an outstanding warrant against the 
defendant, then the judge must notify the appropriate law 
enforcement officials and provide them with whatever 
information the court has about the whereabouts of the 
defendant . 

4. Finally, if there is a warrant, the judge must also 
determine "based upon all of the circumstances" and after 
reviewing the domestic violence registry information and the 
defendant's criminal record, if any, whether or not "an 
imminent threat of bodily injury exists to the petitioner." If 
the judge so determines, the judge must notify the appropriate 
law enforcement officials of this finding and the law 
enforcement officials must then execute the warrant "as soon as 
is practicable." 

OTHER MISCELLANEOUS PROVISIONS 

1. The court must inform the victim that the restraining 
order process itself is civil and that only violations of a 
restraining order are criminal. In addition, the court must 
provide the victim who has sought issuance of the civil 
restraining order with information prepared by the appropriate 
district attorney's office regarding the fact that criminal 
proceedings may be available. 

2. The District Attorneys' offices are required to 
"instruct" the victim as to how to seek a criminal complaint. 

NOTE: This new law applies only to orders issued between 
"related" parties. It does not apply to the occasional 
Superior Court restraining order issued between unrelated 
parties, e.g., co-workers. 

If you have any questions about the provisions of the bill, 
please contact the Family and Community Crimes Bureau at 
727-2200. 



WPP9 



-106- 







SCOTT HARSHBARGER 
ATTORNEY GENERAL 

(617) 727-2200 



<yA& &osnsru2ru&eauA/ 06 f^taAA/xcAccAe/£^ 




'esiejca.1 

SloA/asv, ^Jts& 02408-4698 



Section-bv-Section Analysis of 
Chapter 188 of the Acts and Resolves of 1992 

An Act Establishing A Statewide Registration 
of Domestic Violence Offenses 

by 

Betty Eng, Assistant Attorney General 
Jane E. Tewksbury, Assistant Attorney General 

October 8, 1992 



Governor Weld signed Chapter 188 into law with an emergency 
preamble rendering it effective at 2:58 p.m. on September 18, 
1992. 

Note : Information on restraining orders issued since 
September 7 , 1992, is available through LEAPS. 

Section 1 : (Chapter 208): 

a. Adds new section 34D to Chapter 208 (Divorce). 

b. Section 34D would require the court to advise the 
petitioner that although proceedings under M.G.L. c.208, §§18, 
34B are civil in nature, violations of orders are criminal 
violations . 

c. Additionally, the court would be required to 
provide the petitioner with information prepared by the 
appropriate district attorney's office about additional 
criminal remedies. 

d. The District Attorney's Office would be required 
to instruct the petitioner about how to seek a criminal 
complaint including, but not limited to, a complaint for a 
violation of M.G.L. c. 265, §43 (the "stalker" law). 

e. Finally, Section 34D would require that the above 
information be provided in the petitioner's native language, 
whenever possible. 



-107- 



f. Section 34D would require the judge to access the 
"domestic violence registry" of the Office of the Commissioner 
of Probation to determine whether the defendant has a civil or 
criminal record involving domestic or other violence. 

g. If a search of the records indicates that an 
outstanding warrant exists against the defendant, the judge 
must order that the appropriate law enforcement officials be 
notified and that any information regarding the defendant's 
last known whereabouts be forwarded. 

h. Where an outstanding warrant exists, the judge 
must determine whether "an imminent threat of bodily injury 
exists to the petitioner or the public." 

i. Where such a threat exists, the judge must notify 
the appropriate law enforcement officials of the threat. The 
law enforcement officials must then take "all necessary actions 
to execute any outstanding warrants as soon as is practicable" . 

Section 2 (Chapter 209): 

Adds the foregoing amendments to amend M.G.L. c. 209, §32 
(Husband and Wife) . 



Section 3 (Chapter 209A) : 

a. Adds amendments (b - e) as described in Section 1 
above to M.G.L. c. 209A by adding Section 3A after §3. 
(Remedies; Period of Relief). 

Section 4 (Chapter 209A) : 

a. Adds amendments (f - i) as described in Section 1 
above to M.G.L. c. 209A, §7 (Service and Enforcement of Orders) 

Section 5 (Chapter 209C) 

a. Adds all of the amendments described in Section 1 
above to M.G.L. c. 209C, §15 (Children Born out of Wedlock: 
Temporary Orders; Enforcement). 



-108- 



Section 6 (Chapter 218): 

a. Amends M.G.L. c. 218, §35A (District Courts: 
Process; issuance of complaint for misdemeanors; condition 
precedent) by adding language requiring the court or other 
officer named in Section 35A (justice, associate justice, 
special justice, clerk, assistant clerk, temporary clerk, 
temporary assistant clerk) to consider the defendant's criminal 
record and the applicable "domestic violence registry" records 
in determining whether there is an imminent threat of bodily 
injury. 



Section 7 

a. The Office of the Commissioner of Probation is 
authorized and directed to develop and implement a statewide 
domestic violence record keeping system no later than September 
30, 1992. 

b. Restraining orders issued under the following 
chapters and violations of the same would be input into the 
system: 

M.G.L. c. 209A (restraining order to prevent 
abuse) . 

M.G.L. c. 208, § 18 (protective 
order/restraining order to prevent divorcing 
spouses from prohibiting each other's 
liberty — and to protect the children). 

M.G.L. c. 208, §34B (vacate order requiring 
spouse to vacate the marital home) . 

M.G.L. c. 209, §32 (civil restraining order 
prohibiting restraints on personal liberty 
of a spouse) . 

M.G.L. c. 209C, §15 (orders to protect the 
children, e.g. custody). 

M.G.L. c. 209C, §20 (modification orders). 

NOTE: Orders obtained in the Superior Court through a petition 
in equity are not covered. 

c. The computerized system shall also include 
information contained in the Court Activity Record Information 
System (CARI) maintained by the Commissioner of Probation. 



-109- 



d. The information contained in the system shall be 
made available to judges considering petitions or complaints 
pursuant to: 

M.G.L. c. 208, §§18, 34B; 

M.G.L. c. 209, §32; 

M.G.L. c. 2 09A; 

M.G.L. c. 209C, §§15, 20. 

NOTE: Orders obtained in the Superior Court through a petition 
in equity are not covered. 

e. Furthermore, the information contained in the 
system shall be made available to law enforcement agencies 
through CJIS. 

f. The Office of the Commissioner of Probation must 
make a written report to the Joint Committee on the Judiciary 
regarding its implementation of the system no later than 
October 9, 1992. 

Section 8 : 

a. Until the statewide domestic violence record 
keeping system is operational, a judge who is considering a 
request for relief or complaint filed under: 

M.G.L. c. 208, §§18, 34B; 

M.G.L. c. 209, §32; 

M.G.L. c. 209A; or 

M.G.L. C. 209C, §§15, 20 

"shall make every effort to review the named defendant's 
history of violence using available and accessible records." 

NOTE: Orders obtained in the Superior Court through a petition 
in equity are not covered. 



9772A 



-110- 



Chapte: 



■ m 



THE COMMONWEALTH OF MASSACHUSETTS 

In the Year One Thousand Nine Hundred and Ninety-two 

AN ACT ESTABLISHING A STATEWIDE REGISTRATION OF DOMESTIC VIOLENCE OF- 
FENSES. 

Whereas, The deferred operation of this act would tend to defeat its pur- 
pose, which is to immediately provide for the statewide registration of domes- 
tic violence offenses, therefore it is hereby declared to be an emergency law, 

necessary for the immediate preservation of the public safety. 

Be it enacted by the Senate and House of Representatives in General Court 
assembled, and by the authority of the same, as follows: 

SECTION 1. Chapter 206 of the General Laws, as appearing in the 1990 Of- 
ficial Edition, is hereby amended by inserting after section 34C the following 
sect ion:- 

Section 34D. Upon the filing of a request for a restraining order pursu- 
ant to section eighteen or for an order for a spouse to vacate the marital 
home pursuant to section thirty-four B, a petitioner shall be informed that 
the proceedings hereunder are civil in nature and that violations of orders 
issued hereunder are criminal in nature. Further, a petitioner shall be given 
information prepared by the appropriate district attorney's office that other 
criminal proceedings may be available and such petitioner shall be instructed 
by such district attorney's office relative to the procedures required to ini- 
tiate such criminal proceedings including, but not limited to, the filing of a 
complaint for a violation of section forty-three of chapter two hundred and 
sixty-five. Whenever possible, a petitioner shall be provided with sum in- 
formation in the petitioner's native language. 

When considering a request for a restraining order pursuant to section 
eighteen or for an order for a spouse to vacate the marital home pursuant to 
section thirty-four B, a judge shall cause a search to be made of the recoras 
contained within the statewide domestic violence record keeping system main- 
tained by the office of the commissioner of proOation and shall review trie re- 
sulting data to determine wnether the named defendant has a civil or criminal 
record involving domestic or other violence. Upon receipt of information that 

-111- 



an outstanding warrant exists against the na.-ned defendant, a 31*39? snail order 
that the appropriate law enforcement officials be notified and shall order 
that any information regarding the defendant's most recent whereabouts shall 
be forwarded to such officials. In all instances where an outstanding warrant 
exists, a judge shall make a finding, based upon all of the circumstances, as 
to whether an imminent threat of bodily injury exists to the petitioner. In 
all instances where such an imminent threat of bodily injury is found to ex- 
ist, the judge shall notify the appropriate law enforcement officials of such 
finding and such officials shall take all necessary actions to execute any 
such outstanding warrant as soon as is practicable. 

SECTION 2. Section 32 of chapter 209 of the General Laws, as so appear- 
ing, is hereby amended by inserting after the first paragraph the following 
two paragraphs :- 

Upon the filing of a complaint pursuant to this section to prohibit a 
spouse from imposing any restraint upon the complainant's personal liberty, a 
complainant shall be informed that proceedings hereunder are civil in nature 
and that violations of orders issued hereunder are criminal in nature. Fur- 
ther, a complainant shall be given information prepared by the appropriate 
district attorney's office that other criminal proceedings may be available 
and shall be instructed by such district attorney's office relative to the 
procedures required to initiate criminal proceedings including, but not lim- 
ited to, the filing of a complaint for a violation of section forty-three of 
chapter two hundred and sixty-five. Whenever possible, a complainant shall be 
provided with such information in the complainant's native language. 

When considering a complaint to prohibit a spouse from imposing any re- 
straint upon the complainant's personal liberty under this section, a judge 
shall cause a search to be made of the records contained within the statewide 
domestic violence record keeping system maintained by the office of the com- 
missioner of probation and shall review the resulting data to determine wheth- 
er the named defendant has a civil or criminal record involving domestic or 
other violence. Upon receipt of information that an outstanding warrant ex- 
ists against the named defendant, a judge shall order that the appropriate law 
enforcement officials be notified and shall order that any information regard- 
ing the defendant's most recent whereabouts shall be forwarded to such offi- 
cials. In all instances where an outstanding warrant exists, a judge shall 
make a finding, based upon all of the circumstances, as to whether an imminent 

-112- 



H 6017 

threat of bodily injury exists to the petitioner. In all instances where such 
an imminent threat of bodily injury is found to exist, the judge shall notify 
the appropriate law enforcement officials of such finding and such officials 
shall take all necessary actions to execute any such outstanding warrant as 
soon as is practicable. 

SECTION 3. Chapter 209A of the General Laws is hereby amended by insert- 
ing after section 3 the following sect ion: - 

Section 3A. Upon the filing of a complaint under this chapter, a com- 
plainant shall be informed that the proceedings hereunder are civil in nature 
and that violations of orders issued hereunder are criminal in nature. Fur- 
ther, a complainant shall be given information prepared by the appropriate 
district attorney's office that other criminal proceedings may be available 
and such complainant shall be instructed by such district attorney's office 
relative to the procedures required to initiate criminal proceedings includ- 
ing, but not limited to, a complaint for a violation of section forty-three of 
chapter two hundred and sixty-five. Whenever possible, a complainant shall be 
provided with such information in the complainant's native language. 

SECTION 4. Section 7 of said chapter 209A, as appearing in the 1990 Offi- 
cial Edition, is hereby amended by inserting before the first paragraph the 
following paragraph:- 

When considering a complaint filed under this chapter, a judge shall cause 
a search to be made of the records contained within the statewide domestic vi- 
olence record keeping system maintained by the office of the commissioner of 
probation and shall review the resulting data to determine whether the named 
defendant has a civil or criminal record involving domestic or other violence. 
Upon receipt of information that an outstanding warrant exists against the 
named defendant, a judge shall order that the appropriate law enforcement of- 
ficials be notified and shall order that any information regarding the defend- 
ant's most recent whereabouts shall be forwarded to such officials. In all 
instances where an outstanding warrant exists, a judge shall make a finding, 
based upon all of the circumstances, as to whether an imminent threat of bodi- 
ly injury exists to the petitioner. In all instances where such an imminent 
threat of bodily injury is found to exist, the judge shall notify the appro- 
priate law enforcement officials of such finding and such officials shall take 
all necessary actions to execute any such outstanding warrant as soon as is 
practicable. 

-113- 



H 6017 

SECTTON 5. Sect.cn 1^ of chapter 209C of the General La-***, as so apoear- 
mg, is hereby amended by adding the following two paragraphs:- 

Upon the filing of a request for an order to protect a party or a child 
under the provisions of the first paragraph of this section, a petitioner 
shall be informed that proceedings hereunder are civil in nature and that vio- 
lations of orders issued hereunder are criminal in nature. Further, a peti- 
tioner shall be given information prepared by the appropriate district attor- 
ney's office that other criminal proceedings may be available and such peti- 
tioner shall be instructed by such district attorney's office relative to the 
procedures required to initiate criminal proceedings including, but not lim- 
ited to, a complaint for a violation of section forty-three of chapter two 
hundred and sixty-five. Whenever possible, a petitioner shall be provided 
with such information in the petitioner's native language. 

When considering a request for relief pursuant to this section, a judge 
shall cause a search to be made of the records contained within the statewide 
domestic violence record keeping system maintained by the office of the com- 
missioner of probation and shall review the resulting data to determine wheth- 
er the named defendant has a civil or criminal record involving domestic or 
other violence. Upon receipt of information that an outstanding warrant ex- 
ists against the named defendant, a judge shall order that the appropriate law 
enforcement officials be notified and shall order that any information regard- 
ing the defendant's most recent whereabouts shall be forwarded to such offi- 
cials. In all instances where an outstanding warrant exists, a judge shall 
make a finding, based upon all of the circumstances, as to whether an imminent 
threat of bodily injury exists to the petitioner. In all instances where such 
an imminent threat of bodily injury is found to exist, the judge shall notify 
the appropriate law enforcement officials of such finding and such officials 
shall take all necessary actions to execute any such outstanding warrant as 
soon as is practicable. 

SECTION 6. The second paragraph of section 35A of chapter 218 of the Gen- 
eral Laws, as so appearing, is hereby amended by inserting after the first 
sentence the following sentence:- The court or other officer referred to in 
the preceding paragraph shall consider the named defendant's criminal record 
and the records contained within the statewide domestic violence record keep- 
ing system maintained by the office of the commissioner of probation in deter- 
mining wnether an imminent threat of bodily injury exists. 

-114- 



SECTION 7. The comcusSioner of probal ior, is ncrcoy author izec and di- 
rected to develop and implement a statewide domestic violence record keeping 
system not later than September thirtieth, nineteen hundred and ninety-two. 
Said system shall include a computerized record of the issuance of or viola- 
tions of any protective orders or restraining orders issued pursuant to sec- 
tions eighteen and thirty-four B of chapter two hundred and eight of the Gen- 
eral Laws, section thirty-two of chapter two hundred and nine of the General 
Laws, civil restraining orders or protective orders issued pursuant to chapter 
two hundred and nine A of the General Laws or any violations of said chapter 
two hundred and nine A, or sections fifteen and twenty of chapter two hundred 
and nine C of the General Laws. Further, said computerized system shall in- 
clude the information contained in the court activity record information sys- 
tem maintained by the office of said commissioner. The information contained 
in said system shall be made available to judges considering petitions or com- 
plaints pursuant to said sections eighteen and thirty-four B of said chapter 
two hundred and eight, said section thirty-two of said chapter two hundred and 
nine, said chapter two hundred and nine A and said sections fifteen and twenty 
of said chapter two hundred and nine C. Further, the information contained in 
said system shall be made available to law enforcement agencies through the 
criminal justice information system maintained by the executive office of pub- 
lic safety. Said commissioner shall make a written report to the joint com- 
mittee on the judiciary regarding implementation of said record keeping system 
no later than October ninth, nineteen hundred and ninety-two. 

SECTION 6. Until such time as the office of the commissioner of probation 
has completed the preparation of a statewide domestic violence record keeping 
system, pursuant to section seven, a judge, upon considering a request for re- 
lief pursuant to section eighteen or thirty-four B of chapter two hundred and 
eight of the General Laws or a complaint under section thirty-two of chapter 
two hundred and nine of the General Laws or a complaint under chapter two hun- 
dred and nine A of the General Laws or a request for relief pursuant to sec- 
tion fifteen or twenty of chapter two hundred and nine C of the General Laws, 
shall review the named defendant's history of violence using available and ac- 
cessible records. 



-115- 



Preamble adopted, 




House of Representatives, September 3 )> 1992 



Speaker 



In Senat 



e, September j < 



1992 



Preamble adopted, 




i/€^^-d3^~ 



, President 



House of Representatives, September c , 1992 



Bill passed to be enacted, 



QU^^Qj^~ • 



Speaker 



In Senate, September A" , 



1992 



Bill passed to be enacted. 





/^■J^A^, . 




1992 



Approved, 



at {l*f\> o'clock and 5% minutes, f . H. 



Governor 



, President 



-116- 



FILE '-RESTRAIN DATE: 09/ 18/ 92 

RESTRAINING ORDERS 



• 



EFFECTIVE SEPTEMBER 21, 1992, INFORMATION ON RESTRAINING 
ORDERS (RO'S) IS AVAILABLE THROUGH YOUR LEAPS TERMINAL. 
THIS INCLUDES RO'S ISSUED SINCE SEPTEMBER 7, 1992. 

YOU CAN ACCESS RO INFORMATION THROUGH THE BOP SCREEN. 

THE LOGON SCREEN (BOP) AND THE CANDIDATE SELECTION SCREEN 

(BOP1) REMAIN THE SAME. 

B0P2 SCREEN 

ONCE YOU SELECT A CANDIDATE, THE B0P2 SCREEN NOW CONTAINS ONE 
OF THE FOLLOWING MESSAGES: 

l.IF AN INDIVIDUAL HAS RO ' S ONLY 

**** **■** ACTIVE RO *#** ***•«• X TO SEE RO C ] 

*•»■•«•* **■** INACTIVE RO **** **** X TO SEE RO [] 

2. IF AN INDIVIDUAL HAS ADULT CRIMINAL ACTIVITY ONLY: 

■**■«•* ##*•* CRIMINAL ONLY **■♦** ■***■* 

3. IF AN INDIVIDUAL HAS BOTH RO AND -ADULT CRIMINAL: 

♦*** ***■* ACTIVE RO / CRIMINAL **** **** X TO SEE RO C] 
**** ***■* INACTIVE RO / CRIMINAL ***♦ ****X TO SEE RO [] 

TO VIEW THE RO'S TYPE AN X IN THE BOX WHERE IT SAYS "X TO SEE RO 
CD" AND TRANSMIT. 

BOPS SCREEN 

THE BOPS SCREEN IS THE NEW SCREEN FOR ROS. THE PRINTOUT AND 
SCREEN CONFORM AS CLOSELY AS POSSIBLE TO THE FORMAT OF THE PAPER 
RO. THE SCREEN CONTAINS INFORMATION ON THE DEFENDANT, PLAINTIFF, 
COURT, DOCKET NUMBER, ORDER DATE AND EXPIRATION DATE. THE STATUS 
OF THE RO, OPEN (ACTIVE) OR CLOSED (INACTIVE) ALSO APPEARS. IF 
THE COURT ORDERED A SPECIFIC CONDITION FOR A RO , AN X APPEARS TO 
THE LEFT OF THE CONDITION. 

IF THE PERSON HAS MORE THAN ONE RO A MESSAGE WILL APPEAR THAT 
SAYS "PRESS XMT FOR MORE RO'S". IF THERE ARE NO MORE ROS, A 
MESSAGE WILL APPEAR THAT SAYS "THERE ARE NO MORE RO'S". 

PRINTING AN RO: 

AT THE TOP OF THE BOPS SCREEN THERE IS A PRINT BOX. TYPE AN 

X IN THE BOX AND TRANSMIT. THIS WILL PRINT THE RO THAT YOU ARE 

CURRENTLY VIEWING. 

FOR MORE INFORMATION ABOUT ROS, YOU MAY _CONTACT THE QUALITY 
CONTROL UNIT AT (617) 727-0090. 



-117- 



Chapter 201 of the Acts of 1992: 
Amendments to the <B ail Law 



iMUELE.ZOLL 
Zhi$i Justice 




ainol (Unurt uf tijf (Hmrraumuiealtl? 
fiifitricl (Hflurt fiepartment 

HOLYOKE BUILDING 
HOLYOKE SQUARE 

SAL6M. MASSACHUSETTS 01970 



508/745-9010 



MEMORANDUM 



TO: 

FROM: 
DATE: 
SUBJECT: 



To all District Court judges, clerk-magistrates and 

chief probation officers 
Chief Justice Zoll 
October 8, 1992 
New law affecting the right to bail and release on 

personal recognizance 



A new law, St. 1992, Ch. 201, has been enacted regarding bail 
and personal recognizance. It was signed by the Governor on 
Wednesday, October 7, 1992, at 12:46 p.m., and went into effect 
upon signing under an emergency preamble. A copy is attached. 

The law contains (1) restrictions on the authority of persons 
other than judges to admit arrestees to out-of-court bail or 
personal recognizance in crimes involving domestic abuse, (2) the 
addition of dangerousness as a general criterion for denying 
personal recognizance and imposing bail for any crime, and (3) the 
addition of specific abuse-related factors as criteria for denying 
personal recognizance and imposing bail for any crime. 



1. 



Limitations on out-of-court release. 



Section 2 of the new law adds a paragraph to 6.L. c. 276, § 
57 that prohibits out-of-court release by anyone other than a judge 
for any arrestee charged with: 

(1) a violation of a protective order issued under G.L. 
C. 209A, C. 208, 209, 209C, or 



(2) 



any misdemeanor or felony involving "abuse" as 

defined in G. L. c. 209A, S 1, while a protective 

order under c. 209A is in effect against that 
defendant. 



-118- 



To comply with this law, the parson responsible for an out-* 
of -court release decision (other than a judge) will have to 
determine the nature of the criminal charge. If one or more of the 
charges involve violation of one of the listed types of protective 
orders, the arrestee cannot be released by that person. If no 
violation of a protective order is charged, but one or more of the 
charges involves M abuse" as that term is defined in G.L. c. 209A, 
S if and there is an existing c. 209A order against the arrestee, 
then the defendant will not be eligible for out-of-court release 
by a non- judge. 

Compliance with the second of these two ineligibility 
provisions requires familiarity with the definition of "abuse" 
under G.L. c. 209A, S 1: 

"Abuse, the occurrence of one or more of the 
following acts between family or household members: 

(a) attempting to cause or causing physical harm; 

(b) placing another in fear of imminent serious 

physical ham; 

(c) causing another to engage involuntarily in 
sexual relations by force, threat or duress. 

"Family or household members", persons who: 

(a) are or were married to one another; 

(b) are or were residing together in the same 
household; 

(c) are or were related by blood or marriage; 

(d) having [sic] a child in common regardless or 
whether they have ever married or lived 
together , or 

(e) are or have been in a substantive dating or 
engagement: relationship, which shall be 
adjudged by district, probate or Boston 
municipal court's consideration of the 
following factors: (l) the length of time of 
the relationship; (2) the type of relationship; 
(3) the frequency of interaction between the 
parties; and (4) if the relationship has been 
terminated by either person, the length of time 
elapsed since the termination of tne 
relationship. 

-119- 



If no protective order violation is charged, but it is 
determined that one or more of the charges involves "abuie," the 
person making the release decision must check the Statewide 
Domestic Violence Record Keeping System. If the arrestee has an 
existing order under c. 2 09 A against him or her, the arrestee is 
ineligible for out-of-court release other than by a judge. 

Note that the existing order may involve a victim other than 
the alleged victim of the crime that was the basis of the arrest. 
Note also that the existence of an order other than one issued 
under c. 209A would not appear to render the arrestee ineligible 
for release, notwithstanding the fact that the criminal charge 
involves abuse. 

There may be a problem in determining whether an arrestee is 
the subject of an existing order insofar as the Domestic Violence 
Record Keeping System does not necessarily list orders issued 
prior to September 8, 1992. The police who made the arrest should 
be able to determine if any orders against the defendant issued to 
them for service in their jurisdiction are in existence, but the 
existence of orders predating September 8, 1992 involving other 
departments may not be ascertainable. 

2. "8afety M and "dangerousness" as factors for setting bail 
rather than allowing personal recognisance. 

Section 1 of the new law amends the general provision in G.L. 
c. 276, S 57 for admitting a person to bail by adding that the 
authorized person (judge, clerk, master in chancery, etc.) may set 
bail if he or she "determines that such release will reasonably 
assure the appearance of the person before the court and will not 
endanger the safety of any other person in the community. ,, Thus, 
community safety has been added to reasonable likelihood of future 
court appearance as a reason for setting bail. 

This same change is added by Section 3 of the new law to G.L. 
c. 276, S 58 regarding the presumption in favor of personal 
recognizance. Formerly, a defendant was entitled to release on 
his or her own recognizance unless the judge or other person 
making the bail decision determined as a matter of discretion that 
such release would not "reasonably assure" future court 
appearances. The new law adds a new criterion: the presumption 
in favor of personal recognizance does not obtain if the releasing 
authority determines as a matter of discretion "that such release 
will endanger the safety of any other person or the community. 
Thus, a discretionary determination regarding the risk of non- 
appearance in court ox danger to the safety of another person or 
the community can overcome the presumption in favor of personal 
recognizance. 



-120- 



Section 4 of the new lav adds dangerousness to the list of 
specific factors in G.L. c. 276, s. 58 that must be considered in 
making the release decision: the releasing authority "shall on 
the basis of any information which he can reasonably obtain, taks 
into account the nature and seriousness of the danger to any 
person or the coronunitv that would be posed bv the prisoner's 
release. . . . , M G.L. c. 276 , s. 58, first par. (new language 
underlined) . 

It is important to note that the addition of community safety 
and dangerousness as factors for denying personal recognizance and 
setting bail arc not limited to issues involving domestic abuse. 
Community safety and dangerousness, however determined, must now 
be considered by the judge or other authorized person in every 
release decision. Of course, certain defendants are now 
ineligible for any out-of-court release by a non- judge, as 
discussed in section 1, above. 

3* New abuse-related oritsria for denying personal 
recognizance and setting bail. 

Two additional, abuse-related criteria are added by section 
5 of the new law to the list of factors that must be considered in 
making the decision between personal recognizance or bail: 

(1) whether the acts alleged [in the criminal charges] 
involve abuse as defined in G.L. c. 209A, S 1 or 
violation of a temporary or permanent order issued 
under G.L. c. 208, ss. 18 or 34B; G.L. c. 209, B. 
32; G.L. c. 209A, ss. 3, 4 or 5; or G.L. c. 209C, 
ss. 15 or 20; or 

(2) whether the prisoner has w any history of orders 
issued against him pursuant to the aforementioned 
sections ." 

These factors must now be considered along with dangerousness 
and the fourteen other factors listed in G.L. c. 276, s. 58 for 
every defendant for whom a decision on release is required. 

in section 6, the new law requires the Secretary of Public 
Safety to collect data and report to the Legislature "9»rdi*g a 
number of matters relating to implementation of laws pertaining to 
domestic abuse and pretrial release. 



-121- 



# * * 

District Court Form CR-6, Reasons for Ordering Bail, will bt 
amended to reflect the new bases on which bail can be set and 
release on personal recognizance denied. Until the new form is 
available, appropriate notations should be added to the current 
form whenever personal recognizance is denied on one or more of 
the new bases. 



SEZ:msr 
enc. 



-122- 




The Commonwealth of Massachusetts 

Executive Department 

STATE HOUSE • BOSTON 02133 



WILLIAM F. WELD 
GOVERNOR 

RGEO PAUL CELLUCCI 

LIEUTENANT-GOVERNOR 



October 7, 1992 



The Honorable Michael Joseph Connolly 
Secretary of the Commonwealth 
State House, Room 340 
Boston, MA 02133 

Dear Secretary Connolly: 

I, William F. Weld, Governor, pursuant to the provisions of 
Article XLVIII of Amendments to the Constitution of the 
Commonwealth of Massachusetts, the Referendum II, Emergency 
Measures, hereby declare that the immediate preservation of the 
public peace, health, safety or convenience requires that the 
attached Act, Chapter Z0\ of the Acts of 1992, entitled "An Act 
Relative To The Release On Bail Of Certain Persons", the 
enactment of which received my approval on October 7, 1992, 
should take effect forthwith. 

I further declare that it is in the public interest that 
this Act take effect immediately in order to protect the public 
safety from arrestees who pose a threat to other individuals or 
to the community and in particular to protect the victims of 
domestic violence from those who would abuse them and often pose 
an imminent threat to their lives as well as the lives of their 
children. 



Sincerely, 

William F. Weld 
Governor 



-123- 



H 5772 

Chapter 



Zol 



THE COMMONWEALTH OF MASSACHUSETTS 

In the Year One Thousand Nine Hundred and Ninety-two 

AN ACT RELATIVE TO THE RELEASE ON BAIL OF CERTAIN PERSONS. 

Be it enacted by the Senate and House of Representatives in General Court , 

assembled, and by the authority of the same, as follows: 

SECTION 1. Section 57 of chapter 276 of the General Laws, as appearing in 

l 

the 1990 Official Edition, is hereby amended by inserting after the word 

"bail", in line 10, the first time it appears, the following words:- if he 

i 

i 

determines that such release will reasonably assure the appearance of the per- 
son before the court and will not endanger the safety of any other person or 

the community. 

i 
SECTION 2. Said section 57 of said chapter 276, as so appearing, is here- 
by further amended by inserting after the first paragraph the following para- 

i 

graph:- i 

! 

Notwithstanding the foregoing, a person arrested and charged with a viola- i 
tion of an order or judgment issued pursuant to section eighteen, 
thirty-four B or thirty-four C of chapter two hundred and eight, section 

thirty-two of chapter two hundred and nine, section three, four or five of | 

! 

chapter two hundred and nine A, or section fifteen or twenty of chapter two i 

l 

i 
hundred and nine C, or arrested and charged with a misdemeanor or felony m- 

I 
volving abuse as defined in section one of said chapter two hundred and nine A 

while an order of protection issued under said chapter two hundred and nine A 

was in effect against said person, shall not be released out of court by a 

clerk of courts, clerk of a district court, bail commissioner or master in 

I 

chancery. 

SECTION 3. Section 58 of said chapter 276, as so appearing, is hereby 
amended by inserting after the word "discretion", in line 11, the following 
words:- that such release will endanger the safety of any other person or the 
community or. 

SECTION 4. Said section 58 of said chapter 276, as so appearing, is here- 
by further amended by inserting after the word "nature", in line 15, the fol- 



-124- 



H 5772 

lowing words:- and seriousness of the danger to any person or the community 

that would be posed by the prisoner's release, the nature. 

SECTION 5. Said section 58 of said cnapter 276, as so appearing, ;s here- 
by further amended by inserting after the word "charge", in line 2-5, the Col- 
lowing words:- , wnether, the acts alleged involve abuse as defined in sec- 

•tion one of chapter two hundred and nine A, or violation of a temporary cr 
permanent order issued pursuant to section eighteen or thirty-four B of chap- 
ter two hundred and eight, section thirty-two of chapter two hundred and nine, 

! section three, four or five of chapter two hundred and nine A, or section fif- 

| teen or twenty of chapter two hundred and nine C, whether the prisoner has any 

; i 

.history of orders issued against him pursuant to the aforesaid sections. 

SECTION 6. The governor shall direct the secretary of public safety to 
collect and study data regarding overcrowding conditions in the commonwealth's 
prisons, houses of corrections, and municipal police overnight detention fa- 
cilities, the operation of the courts of criminal jurisdiction of the common- > 

| 

■wealth, information management systems within those courts, the judicial and I 

• i 

i 
administration procedures regarding revocation of parole, revocation of condi- 

tional release, and revocation of probation, the experience of the courts im- | 

plementing the foregoing sections of this act as they relate to violations of 

restraining orders under chapters two hundred and eight, two hundred and nine, 

: two hundred and nine A and chapter two hundred and nine C of the General Laws, ; 

as well as federal and state administrative and judicial procedures regarding 

deportation of illegal aliens. 

Said secretary shall make findings regarding the cost impact on the courts . 
: i 

and correctional facilities within the commonwealth, as well as the effect on 

.the administration and personnel of same, of several models of a presumptive 
forty-eight hour detention period for all prisoners pending revocation of pa- 
role, revocation of conditional release, revocation of probation, deportation, 
trial for violation of restraining orders under said chapters two hundred 
and eight, two hundred and nine, two hundred and nine A and chapter two hun- 
dred and nine C. Said secretary shall make recommendations regarding the or- 
derly and efficient use of available resources to effect the goal of preserv- 
ing public safety under the provisions of section fifty-eight of chapter two 
hundred and seventy-six of the General Laws. Said secretary shall report his 
finding to the clerk of the house of representatives who shall forward the 
same to the committees on criminal justice, as soon as may be reasonaoly found 

-125- 



or 



H 5772 

to be convenient, but in no event later than December thirty-first, nineteen 

hundred and ninety-two. 



House of Representatives, September 



3°, i 



992. 



Passed to be enacted, 




Speaker . 



In Senate, Sep 



tember jU , 1 



992. i 



Passed to be enacted, 



*7 &Cstbb<^ , 1992. 



Approved , 



>/v> 




/ 2- : Y£ /' 



Governor 



, President. 



-126- 



SUMMARY OF HOUSE 5772 
AN ACT RELATIVE TO THE RELEASE ON BAIL OF CERTAIN PERSONS 

Current Law : G.L. c. 276, §§57 and 58 

Under current law, a person authorized to set bail for an 
arrestee held in custody pending his initial appearance in court, 
and a judge setting bail at the arrestee's initial appearance in 
court, are limited to considering only the risk that the arrestee 
might flee prior to trial. Judges and other persons authorized 
to set bail are statutorily prevented from considering the danger 
an arrestee poses to another individual or the community when 
setting bail. 

Summary of Bill 

This bill amends current law to allow judges and other ■ 
persons authorized to set bail to consider the danger an arrestee 
poses to any other person or the community as an equal factor 
along with the risk the arrestee might flee prior to trial. In 
addition, this bill would prevent clerks, bail commissioners or 
masters in chancery from releasing an arrestee charged with 
violating a domestic restraining order from the police station 
until a judge has had the opportunity to consider fully the 
question of bail at the arrestee's initial court appearance. 

Judges under this proposed legislation would also be 
required to take into account in setting bail whether the charges 
against the arrestee involve abuse between family or household 
members as well as any violations of domestic restraining orders. 

Finally, this proposed legislation would require the 
Governor to direct the Secretary of Public Safety to collect and 
study data regarding prison overcrowding, the operation of the 
courts of criminal jurisdiction and information management 
systems within those courts, judicial and administrative 
procedures regarding parole and probation revocation and the 
experience of the courts in implementing this legislation as the 
legislation relates to domestic restraining orders. The 
Secretary of Public Safety shall make findings regarding the cost 
impact of a presumptive forty-eight hour detention period for 
certain arrestees. The Secretary shall then make recommendations 
to be reported to the clerk of the House of Representatives 
regarding the orderly and effective use of resources to effect 
the goal of preserving the public safety under the state's bail 
system. 



-127- 



Proposed 
federal Legislation 




BARBARA E GRAY 
6t« MIDDLESEX DISTRICT 

220 EDMANDS ROAD 
FRAMINGHAM MA01701 

Te^ (508) 8770597 



STATE HOUSE OFFICE 

ROOM 237 
TEi_ (6t7) 722-2380 



Legislative Aide 
MATTHEW E ZETTEK 

ADMINISTRATIVE ASSISTANT 

SHARON E DONATELLE 



1 million 
attacks 
on women 
reported 



By Sonya Roes 

ASSOCIATED PRESS 

WASHINGTON - The nation 
had about 1 million attacks on wom- 
en by their husbands or lovers last 
year, a Senate committee said yes- 
terday, as 16 women's groups urged 
more stringent laws to combat do- 
mestic violence. 

The Senate Judiciary Committee 
estimated 3 million violent domestic 
crimes - murders, rapes and as- 
saults - went unreported. 

"Women's lives remain controlled 
by fear, yet Congress has been slow 
to respond," said Rosemary Demp- 
sey, vice president of the National 
Organization for Women. 

Dempsey cited a 1988 US sur- 
geon general's report that listed vio- 
lence as the number one health risk 
among women. The Senate commit- 
tee cited a June 1992 report from 
Surgeon General Antonia Novello, 
which said violence is the leading 
cause of injury to women aged 15-44. 



House of Representatives 

Committee on Ways and Means 

STATE HOUSE. BOSTON 02133 



THE BOSTON GLOBE • SATURDAY. OCTOBER 3. 1992 



The statistics demonstrate the 
need for the proposed Violence 
Against Women Act he sponsored, 
said the committee's chairman. Sen. 
Joseph Biden of Delaware. 

The measure awaits action by the 
Senate, which is about to adjourn. 

If the antiviolence measure is not 
approved this year, Biden said he 
plans to '"make it the single No. 1 
priority for me and the judiciary 
committee" next year. 

Biden's legislation calls for allow- 
ing women to bring civil cases for at- 
tacks committed against them be- 
cause of their sex, educational pro- 
grams against domestic violence, 
and stiffer laws against spouse 
abuse. 

He said the bill could make rape 
a federal offense, but said that is jus- 
tifiable if it is proven that a victim is 
attacked because of her sex. 

"It is a hate crime. My objective 
is to give the woman every opportu- 
nity under the law to seek redress, 
not only criminally, but civilly," Bi- 
den said. 

The committee also looked at 200 
cases of assault on women during 
the first week of last month. Twenty- 
four of the women either were seek- 
ing or already had obtained court or- 
ders to protect them from past or 
potential attackers. 

The 200 recent examples were 
gathered from rape crisis centers, 
emergency rooms, shelters and po- 
lice stations. 



Committee on Ways ana Means 

Committee on Rules 

Divorce Commission 
House Cnairperson 

Local Aid Commission 

Scnool Bus Safety Commission 

Parenting Leave Commission 

Soeciai Commission on 
Growtn and Development 

Special Commission on 

Temporary Disaoiiity ana 

Dependent Care insurance 



The report said domestic dis- 
putes accounted for 16 percent of all 
sexual assaults and 20 percent of all 
aggravated assaults reported in 
1991. It counted 1.37 million domes- 
tic cases, and estimated that 83 
percent of the victims are women, 
based on reports that Senate staff 
members collected from 17 states 
that tally victims by sex. 



BIDEN "VALENCE AGAINST WOMEN ACT' 

(S.15) 

Title I - Safe Streets for Women 
Creates New Penalties for Sex Crimes 

* Creates new penalties tor sex offenders. 

* Increases restitution for the victims of sex crimes. 

Encourages Women to Prosecute Their Attackers 

* Extends "rape shield law" protection to civil cases (e.g. sexual harassment cases) ano all cnminaJ 

caaee (othor than eexuai assault case* where it already applies) to bar embarrassing and irrelevant inquiries 
into a victim's sexual history at thai. 

* Bars the use of a woman's clothing to snow, at tnal, that the victim incited or mviteo a sexual assault. 

* Requires States to pay for rape oxams. 

Targets Places Most Dangerous for Women, Including Public Transit and Parks 

* Authorizes $300 million for law enforcement efforts to comoat violence against women, aiding police. 
prosecutors and victim advocates. 

* Funds increased lighting and camera surveillance at Pus stops, bus stations, suoways and parking lots 
and targets existing funds for increased lighting, emergency tetepnores ano police in pyuiic parks. 

Education and Prevention 

" Authorizes $65 million for rape education, starting in junior high. 

Estabiisnes the "National Commission on Violent Crime Against Women" 

* Creates a commission to develop a national strategy for combating violence against women. 

Title II - Safe Homes for Women 
Protects Women from Abusive Spouses 

" Creates federal penalties for spouse abusers who cross state lines to continue their abuse 

* Requires all states to enforce any "stay-away" order, regardless of which state issues.it 

Promotes Arrests of Abusive Spouses 

■ Authorizes $25 million for stales that promo to the arrest of abusing spouses. 

* Provides additional grants to "model states" to experiment with new innovative tecnn.ques to increase a 're si 
prosecution and conviction rates tn domestic violence cases. 

Provides M ve Money for Shelters 

* More than triples funding for battered women's shelters 

Educates Women about Their Rights 

* Requires states to establish commissions to study dcrr>ost<r. violence and autnonzes a national mecia 
campaign against such violence. (Senator Coats) 

Title fll - Civil Rights for Woman 

Extends -Civil Rights" Protections to All Gender-Motivated Crimes 

* Makes gender-cased assaults a violation of federal civil ngnts taws 

" AUows victims of all felonies 'motivated by gender* to bring civil ngnts suits against rneir assailants. 



-129- 



Title, |V ~ Safe Campuses for Wompn 

Funds Rape Prevention Programs 

* Creates a $20 million grant program for The neediest colleges to fund campus rape education and 
prevention programs. 

Guarantees Students' Right to Know 

" Requires colleges to disclose statistics of net only rape, bur ail sexual assaults. 

Titifl V - Fnual Justice for Women 

Makes Courts Fairer by Training Judges 

* Creates training programs for State and Federal juages to raise awareness and increase sensitive about 
crimes against women. 



-130- 



'Effectiveness of the Quincy 'Model 



Counseling Department 



Polaraa Corporation 

~5Q Mam Street 

Camcnags, /Vessacnuserts 02'33 



Polaroid 



James Hardeman October 14. 1992 



THE QUINCY MODEL: CRITICAL FACTORS FOR SUCCESS 

I . Introduction 

A. Historical perspective of the times 

1. 1978 - state of the environmen- 

2. 209A - public sector policy involving the 
criminal justice system. 

B. Birth of the Quincy Model: 1979 

II . The Quincy Model 

A. The catalyst 

B. Mood of influential stakeholders 

C. The whole is as strong as its weakest part: 
criminal justice system. 

III. The Research Study 

A. Research design and methodology 

B. Research findings 



-131- 



Problem.- 

Data showed that before the Abuse Prevention Act 
became law, it was difficult and occasionally impossible 
for women to get legal protection and advance through the 
maze of the county criminal justice system. The problem 
examined in this research is the effectiveness of each 
county criminal justice system to implement the Abuse 
Prevention Act and as a result advance women through the 
system for reiief (help) from further abuse. 

Hypothesis : 

Due to the "Partnership agreements" between the 
Norfolk County District Attorney/Family Service Unit, 
Quincy District Court and Quincy Police Department, higher 
rates per hundred of women shall advance through the 
Quincy District Court, higher rates per hundred of women 
shall appear for judicial hearings than victims filing 
under the Abuse Prevention Act in the Plymouth County 
criminal justice system. 

Research Questions: 

Does the Family Service Unit influence prevention 
measures within the Norfolk County criminal justice 
system? Which county criminal justice system increased 
rates of civil protection orders? Which system supported 
higher rates of women advancing through the courts and 
also reduced rates of repeated battering (recidivism)? 

Research Design: 

The dissertation contrasts two intervention 
strategies. One system has a program for intervention and 
the other does not. Effectiveness can be defined as "the 
ability of the county criminal justice system to respond 
to family violence occurrences and provide prevention 
(safery) . ,: Criteria for measuring responsiveness are: 



-132- 



successful completion of temporary civil protection orders 
and successfully obtaining permanent orders. Successfully 
experiencing this passage and no further occurrence of 
abuse during a one year period is defined as prevention 
(safety) from abuse. The study was conducted through 
sampling civil protection orders within the Norfolk and 
Fiymouth county district courts and interviews with 
victims and shareholders within both criminal justice 
system. 

RESEARCH FINDINGS 

Testing of the research hypothesis: 

analysis of civil protection orders dated between 
1978 and 1986 from both Brockton and Quicny District 
Courts ; 

interviews from women who were abused and received 
assistance through the Family Service Unit/Norfolk 
County District Attorney's Office; 

- interviews from women who were abused and failed to 
received any "integrative preventive assistance" 
from the Plymouth County criminal justice system; and 

interviews of stockholders/program staff from both 
counties . 



-133- 




-134- 



BY ANITA DIAMANT 



HOW THE QUINGY DISTRICT 
COURT PROTECTS BATTERED 
WOMEH 



Judge Kramer, 
•whose approach 
to domestic vio- 
lence is pro- 
active, counsels 
a woman in his 
Qutncy court- 
room. Though 
willing to be 
photographed, 
the woman on 
the facing page 
did not want 
her name used. 
She said her 
boyfriend had 
beaten her and 
threatened 
her life. 




"I KNOW FOR A FAGT HE WOULD 

II A V L IvILLLU HI L 9 says Nora Cash. "I would have 
been one of those statistics you see today. I would have been buried, and my 
children wouldn't have had a mother. I truly believe that I would not be here 
today if it was not for the Quincy court system." She sits at a table in the 
noisy food court of a shopping mall, watching her children, Stephanie, 9, and 
Victor, 7, head off with her husband, Bob Cash, whom she married last year. 
Nora Cash is 26 years old, blond, blue-eyed, Breck-girl pretty - a picture of 
domestic contentment. You'd never know. 

For nine years — from the time she was 14 and first fell in love with the 
handsome, popular Victor, until August 9, 1989, when he tried to kill her - 
Nora Cash was a battered woman. She was slapped and thrown against walls 
for breaking Victor's "rules." Like the time she was pregnant and went, 
without his permission, to a neighborhood drugstore to buy prenatal vitamins. 
The worst, she says, was when he would grab her long blond hair and slam 
the top of his skull into her face, again and again, which is how he fractured 
her skull. That happened in Brockton. 

Nora Cash says she was lucky that Victor tried to kill her in Quincy. 

IN THE FIRST THREE MONTHS OF 1992, ONE MASSACHUSETTS WOM- 
an was murdered every nine days as a result of domestic violence. Not one of 
them died in Quincy. In fact, there hasn't been a single domestic violence 
homicide in Quincy in five years, a statistic that Continued on Page 52 



\vur. Diimant is a rnt'umnttf far this ma?azinr 



-135- 



QUINCY COURT 
Continued from Page 14 

police officers, prosecutors, 
judges, and vicnm advocates 
hate to hear quoted. "We 
know that any one incident 
could end that," says Quincy 
District Court Judge Albert 
Kramer. "But we are putting 
women in a more protected 
position here. I know we're 
saving lives." 

The word has gotten 
around. Sarah Buel, Norfolk 
County assistant district at- 
torney in charge of domestic- 
violence prosecution, herself 
once a battered woman, says, 
"We have a number of vic- 
tims who've moved to Quin- 
cy from other cities and 
towns and commute to jobs 
all over the Greater Boston 
area, because they feel that 
here they get protection. 
Here, something will be 
done." 

What Quincy does is 
provide victims of domestic 
violence with the most com- 
prehensive and coordinated 
assistance in the state. Ag- 
gressive enforcement of laws 
to control batterers, com- 
bined with unconditional 
and consistent support for 
victims, has made the South 
Shore city a nadonal model. 
In its new book, State of the 
Art Court Programs, the Na- 
tional Council of Juvenile 
and Family Court Judges 
features Quincy's program 
for battered women as one of 
1 5 of the country's most ef- 
fective. And the Quincy 
court has been awarded a 
Ford Foundation Innovation 
Grant of $100,000 to help 
other jurisdictions replicate 
its early-intervention ap- 
proach. 



UNTIL 1978, QUINCY 
was no different from 
any other city or town in 
Massachusetts, where do- 
mestic-violence cases were 
treated as private matters. 
Quincy police lieutenant 
Tom Frane says, "The po- 
lice didn't view domestic vio- 
lence as a crime. Our role 
was to restore peace. You 
were considered successful if 
the phone never rang again 
from that address." 

But 1978 was the year 
that Joan Quirk was mur- 
dered. 

On the Sunday of Me- 
morial Day weekend that 
year, Quirk called the police 
because her husband was 
beating her. Officers drove 
her to the station, advised 
her that she could come back 
on Tuesday to make out a 
formal complaint, and re- 
turned her to her home in 
suburban Cohasset. The 
next day, police found Joan 
Quirk lying dead on her 
kitchen floor, shot in the 
face. James Quirk, whom 
the newspapers referred to as 
a "respected oil tanker cap- 
tain," had also shot their 
three young children and the 
family dog before killing 
himself. 

"That case was a real 
catalyst," says Norfolk Dis- 
trict Attorney William Dela- 
hunt "It was so senseless. It 
did not have to happen. 
That's when it all jelled." 
The following month, Mass- 
achusetts criminalized do- 
mestic violence with the 
Abuse Protection Act - 
209A, the law that mandates, 
among other things, round- 



the-clock access to restrain- 
ing orders - and Delahunt 
launched a pilot family-vio- 
lence program in Quincy. 

From the beginning, the 
effort involved all the key 
players. Delahunt assigned 
members of his staff to help 
get the city's newly estab- 
lished battered women's hot 
line and shelter, DOVE (Do- 
mestic Violence Ended), up 
and running. DOVE staff 
members helped the district 
attorneys office design and 
win funding for a first-in^ 
the-nadon data base of police 
responses to family-distur- 
bance calls. 

Like police in most cities 
and towns, Quincy's officers 
didn't record domestic -vio- 
lence calls as such, not even 
when there was an arrest or 
criminal complaint. That 
changed in 1979 with the in- 
stitution of a standard Fam- 
ily Disturbance Incidence 
Report in Quincy, which 
provided the basis for future 
response and early interven- 
tion. Dispatchers are re- 
quired to tell responding of- 
ficers about any history of 
domestic violence or the ex- 
istence of a r e stra ining order 
at a given address, increasing 
the likelihood of arrest or 
other protective actions, such 
as confiscating batterers' 
weapons and revoking their 
gun licenses - something the 
Quincy police have been do- 
ing for years. A statewide, 
computerized registry of do- 
mestic violence restraining 
orders, which became oper- 
ational last month, provides 
women across the common- 
wealth with this aspect of 
Quincy's program. 



Quincy's police force 
also undergoes the most ex- 
tensive training of any in the 
state, according to Gwen 
DeVasto, director of the dis- 
trict attorney's Domestic 
Violence Unit. All Quincy 
police officers are required to 
take an extra 20 hours of 
classes, covering the laws 
against and causes for batter- 
ing. A few of those hours are 
raken up with first-person 
accounts by battered women, 
such as Nora Cash. 

VICTOR AND NORA NEV- 
er married. Although 
Cash wanted to, he kept 

saying the time wasn't right. 
In retrospect, she says she's 
grateful it didn't happen. 

Victor fractured Cash's 
skull in 1988, on the Friday 
night before Mother's Day. 
She took out a restraining 
order that time - not because 
of her injury so much as be- 
cause he hadn't let her get 
the children out of the room 
before he started hitting her. 
"I used to put them in their 
rooms when he went into a 
rage. A lot of times I'd 
think, they can't possibly 
know what's going on, be- 
cause they've never seen it," 
she says. "But they under- 
stood. I now think that keep- 
ing them in a room was even 
worse than letting them see 
it. They didn't know if I'd 
be alive when they came 
out." 

When the Brockton po- 
lice arrived, Cash says, "It 
was like nobody saw me. 
They took pictures of me, 
and this one cop turned my 
face with his hands, to the 
left and to the right. I asked 
if they were going to keep 
him overnight. They said no, 
he'll probably be out within 



-136- 



the hour, so be careful. They 
got me an emergency re- 
straining order and said I'd 
have to go to court on Mon- 
day, and that was it." 

As they left, one of the 
cops, the last one out the 
door, told Cash that she 
ought to see a doctor. His 
exact words were, "I think 
you may have a fractured 
skull." And then he closed 
the door. 

Cash says, "I had no 
ride, no car, two kids, my 
house was a mess, I didn't 
have a phone because he 
ripped it out of the wall. At 
that point, I didn't know 
they were doing anything 
wrong. I was scared and just 
glad that he was gone." 

Cash went to court on 
Monday morning to renew 
the emergency restraining 
order, and something about 
the experience moved her to 
change. In the months that 
followed, she signed up for 
GED classes, earned her 
high school diploma, and 
started training to become a 
dental assistant. 

"I was an A student. I 
graduated with high honors 
and then I got a job. What a 
difference it made," she says. 
"All those years, Victor had 
told me, 'No one will like 
you. You're fat and ugly. 
You'll never find anyone to 
take care of you like I did. 
You'll never have a job 
that'll pay you anything.' By 
going to school and getting 
this job, I saw he was lying. 
I think that was the first 
step of taking control of my 
life." 

As Cash was getting her 
life together, Victor's was 
falling apart - he broke up 
with his new girlfriend and 
talked about suicide. So 
when he called, sounding 




Kristin Ryan, a victim advocate in Qulncy, waits with a 
client while a police officer photographs her injuries. 



upset and "weird," and 
asked her to come to his 
place in Quincy, Cash 
agreed. "At that point, I 
thought I'd help him be- 
cause of what we had in the 
past, but he wasn't going to 
stop me from living." 

But that's just what he 
tried to do. He hit her and 
said, "Today's the day that 
you're going to die. Don't be 
scared. It's all right." Cash 
says, "He was so calm about 
it, I knew he meant it." 

He pinched her nose 
shut and put three fingers 
down her throat until she 
nearly passed out. Then he 
put a pillow over her head. 

"I couldn't breathe," says 
Cash. "I'm an asthmatic. 
The biggest fear in my life is 
to not be able to breathe, and 
he knows that. He kept tell- 
ing me, 'I'm going to kill 
you; there's nothing to worry 
about, you're going to be 
fine.* " 

When Victor ordered 
her to move into the bed- 
room, Cash escaped. She ran 
down the fire escape and 
screamed for help as Victor 
chased her, in broad day- 
light, through the large 
apartment complex. No one 
helped her. Cash says she 
ran toward a maintenance 



truck, which drove off as she 
approached. "He didn't even 
put his foot on the brake." 

Eventually, someone did 
call the police. When they 
arrived, Cash says, Victor 
tried to make light of the 
scene to the police. "We're 
just running around, having 
a good time," he told them. 

But the Quincy police 
weren't buying it. Cash re- 
members Officer Tom Tier- 
ney's words exacdy; " 'First 
things first,' he said. 'Get 
your hands off of her.' " 

After Victor had been arrest- 
ed, "Officer Tierney got in 
the back seat with me and 
gave me a big hug and said 
- I'll never forget this - he 
said, 'Blue eyes like yours 
should not be crying.' It was 
so out of context, so unoffi- 
cial. So caring. It's some- 
thing someone's father 
would say. It made me feel 
so safe. 

"At the police station, he 
asked me, first, 'Would it be 
okay if I took a couple of 
pictures?' He sat me down 
and got me a glass of water. 
I told him the story, but he 
wouldn't let me get to the 
point where I was totally out 
of control, like you're reliv- 
ing it. He let me calm down. 



"Every time I went to 
court, Officer Tierney was 
there. He wouldn't call - I'd 
just turn around, and there 
he was, not in uniform, in 
street clothes; it was his day 
off. Tom Tierney was fabu- 
lous." 

EVERY SINGLE REPORT 
of a family disturbance 
in Quincy, however seri- 
ous or seemingly minor is 
handed over to the district 
attorney's Domestic Violence 
Unit, which includes victim 
advocates, counselors, and 
interns from local social- 
work programs. Each report 
is followed up with a letter 
that introduces the unit's ser- 
vices and explains the proc- 
ess of getting a restraining 
order. 

"People are always tell- 
ing these women, 'Get a re- 
straining order,' like that's 
going to fix everything," says 
Beth LeDoux, a domestic- 
violence victim advocate in 
Quincy. "But when she gets 
a restraining order, she may 
be in even more danger, be- 
cause that can infuriate 
him." 

Gwen DeVasto, who has 
worked with the Quincy unit 
for 12 years, says, "Within a 
week of the letter, we make a 
follow-up call for anything 
but verbal arguments, which 
means in about 75 percent of 
the cases they get a call We 
ask how they're doing and 
invite them to a restraining- 
order briefing." 

Briefings are held every 
weekday at 8:45 a.m. in the 
courthouse. On Monuay», 
the day that emergency or- 
ders issued over the weekend 
must be filed, there may be 
as many as 25 women seek- 
ing protection. Last year, 
Quincy issued restraining 



-137- 



orders to 1,419 people, more 
than twice the number fiied 
in any other court in Norfolk 
or Plymouth counues, and 
one of the highest figures in 
the state. In the first six 
months of 1992, 1,100 were 
issued. 

The 45-minute briefing 
session informs victims 
about the mechanics of filing 
for a restraining order, a civil 
proceeding that makes it a 
criminal offense for an 
abuser to come near or even 
call a victim. Says DeVasto, 
"The women get a feel for 
what's going to happen be- 
fore they see the judge. We'll 
tell them the microphone in 
the courtroom is there only 
to record, that it doesn't am- 
plify, and that they. can speak 
as softly as they like. We tell 
them that they need to come 
back in 10 days to renew the 
order for one year." 

But these sessions pro- 
vide more than legal infor- 
mation. Victim advocate Le- 
Doux, herself a battered 
woman, says, "When the 
woman takes the first step 
out of a relationship - when 
she gets a restraining order - 
she is in the most danger. It 
can be a catalyst for him to 
get more violent. So, at the 
briefings, we not only ex- 
plain the process, we talk 
about safety plans and try to 
hook them to long-term ser- 
vices like our six-week edu- 
cation group and, after that, 
the six-week support group. 
Or counseling, or AA. 

"In all the years of work- 
ing with violence, the most 
obvious thing we learned is 
that one good day, one sensi- 
tive judge, isn't enough," 
LeDoux says. "Women drop 
the restraining order or 
criminal charges and get 
hooked back into a destruc- 
tive relationship. There's al- 
ways the honeymoon period, 
when he stops drinking and 
he cries and cnes that he 
didn't mean it and it'll never 
happen again. But it does 
happen again, and the vio- 
lence escalates." 



Which is why the advo- 
cates in Quincy stay in con- 
tact with victims during the 
journey through criminal^ 
proceedings if the batterer 
violates a restraining order, 
through divorce and probate 
court, and through the 
slower, more painful process 
of putting together a shat- 
tered life. 

The Domestic Violence 
Unit's six-week education 
group covers a lot of that 
ground. "Women feel 
ashamed or even crazy for 
staying with an abuser," says 
LeDoux. "But we talk about 
how women stay for the kids, 
or because they don't have 
any money or anywhere to 
go, or because they're afraid 
of being murdered. We talk 
about the role of alcohol and 
stress - that it's not a cause 
of violence, that it's a sepa- 
rate problem. 

"We save the effects of 
the violence on children for 
last, because it produces so 
much guilt. But we do con- 
vince them that children are 
affected. Many women can- 
not take steps for themselves 
but are willing to take steps 
for their children," says Le- 
Doux. "1 was one of those 
women who couldn't do for 
herself. I left for my son." 

The unit also offers sup- 
port groups, individual ther- 
apy, and refenals to a variety 
of agencies. And it doesn't 
stop trying to help, even 
when help is refused. "If a 
woman goes back to her 
abuser, I let her know -I'm 
not going to vaporize, says 
LeDoux. "I tell her to call 
me. Or I'll call her." 

IT WASN'T KASY FOR 
Nora Cash to proceed 
with the criminal case 
against Victor. "I'd get let- 
ters about different court 
dates," she says, "and I'd 
panic and think, I can't do 
this. But as soon as you feel 
you're going to bail out, like 
'1 can't give any more, be- 
cause I'm afraid, he's going 
to kill me, vou don't under- 



stand,' someoodv is there to 
pick you up off the ground 
and say, 'Yes, you can.' " 

Cash's advocate called 
often and attended every 
court date with her. "The 
big thing for me is, 1 wasn't 
alone anymore," she savs. 
"Vou can't do this alone." 

Cash attended the pro- 
gram's six-week education 
class, which she started, like 
most of the other women in 
the group, without much en- 
thusiasm. "I had better 
things to do with, my rime," 
she says. "But after six 
weeks, you not only learned 
what battering is all about, 
you also get some self-es- 
teem. My favorite part of the 
course was learning that he 
didn't do this to me because 
of what I did. He did it to 
me because of who he is." 

When she did appear 
before Judge Kramer for the 
arraignment, Cash says, "I 
was scared out of my mind. 
Victor was there, and I was 
scared he would go off the 
deep end. But I wasn't alone 
anymore. He never beat me 
again." 

Victor was charged with 
attempted murder, which 
meant that the case was 
transferred to Superior 
Court in Dedham, where 
Cash was assigned another 
advocate. 

During the year between 
the arraignment and the 
court date, Victor took Cash 
to probate court in Brockton 
for the right to visit his chil- 
dren, which was granted de- 
spite the restraining order 
and criminal charges against 
him. The judge didn't see 
how it could put Cash in any 
danger. 

When she told her then 
6-year-old daughter that she 
would have to see her father, 
she remembers, "Stephanie 
got up and threw a chair at 
me and called me a liar and 
said I must not love her, be- 
cause I let her go and he's 
going to hurt her." 

During the children's 
first visit with him, Victor 



beat his girlfriend severely, 
and then threatened his 
daughter, warning her not to 
tell what had happened, or 
else her mother would pay 
the price. Cash returned to 
probate court to have Vic- 
tor's visitation rights re- 
voked. "You have to be an 
attorney to get through this," 
she says. 

QUINCY'S COMPREHEN- 
sive response to domes- 
tic violence represents a 
sizable financial commit- 
ment. Batterers pay for their 
own treatment programs as a 
condition of probate, and so- 
cial-work interns provide 
hundreds of hours of profes- 
sional services at no cost. 
There is no separate budget 
set aside to protect women 
against violence and pros- 
ecute the men who abuse 
them. Quincy's services and 
programs are seen as part of 
the overall mandate of the 
Police Department and the 
justice system, so existing re- 
sources and personnel are 
committed to these efforts. 

Judge Albert Kramer's 
proactive approach to do- 
mestic violence works on two 
fronts: by empowering vic- 
nms and controlling abusers. 
To make the court more 
user-friendly for victims, 
most judges in Quincv hear 
requests for restraining or- 
ders at the bench, where vic- 
tims can speak quiedy, al- 
most privately, to the judge. 
Special sessions for restrain- 
ing orders are held twice dai- 
ly, morning and afternoon, 
to minimize waiting. And 
every effort is made to en- 
courage victims to stay with- 
in a svstem that works hard 
ro protect them. 

Protecting them is not 
easv. According to Judge 
Kramer, "More than anv 
other perpetrators of vio- 
lence, these are most persis- 
tent in pursuit and persecu- 
tion, and the most tenacious 
in resistine court oraers." 



What Kramer and others 
in Quincv refer to as the 
"lethality" of batterers led to 
the creation of an orchestrat- 
ed and graduated system for 
controlling abusers' behav- 
ior, starting with the treat- 
ment of restraining orders. 

"We consider sending a 
postcard a serious violation 
of an order," says Kramer. 
"The postcard means they're 
getting away with something. 
It proves they don't have to 
follow the court's order, and 
once the victim believes the 
perpetrator can do what he 
wants, she feels there's no 
point in continuing to re- 
sist." 

Once a restraining order 
has been violated, the bat- 
terer is arrested. But that 
doesn't necessarily mean jail. 
Men who have no prior rec- 
ord are generally sentenced 
to a year's probation, the 
terms of which include 
weekly sessions at a bat- 
terers' treatment program, 
and often attendance at 12- 
step-program meetings five 
times a week and random 
drug and alcohol tests. 

"In the Quincy court, if 
you're on probation, either 
you do the program or 
you're incarcerated," says 
Bruce Carr, a probation offi- 
cer for 14 years. Carr is in 
charge of 80 to 85 batterers, 
whose actions he monitors in 
a variety of ways. He stays in 
regular contact with them 
and their victims, and he 
checks in with members of 
the Domestic Violence Unit 
and the police force. Can- 
finds that information from 
leadens of batterer treatment 
groups can be especially use- 
ful. If Carr hears that a bat- 
terer has said something like, 
"If I can't have her, no one 
can," Carr will step up con- 
tact with the abuser, warn 
the victim and her advocate, 
and alert the police. "In 
Quincv we all talk to each 
other," savs Carr. "That let;. 
us build a better safety net." 



Violations or" probation 
mean jail time. However, in 
cases where a violation isn't 
violent - if, for example, it's 
a matter of a missed AA 
meeting - the Quincy court 
may impose a "tourniquet" 
sentence: After a week in 
jail, the abuser is released, 
with a six-month sentence 
hanging over his head 
should he violate probation 
again. 

"A majority of defen- 
dants do obey their restrain- 
ing orders," says Assistant 
District Attorney Sarah 
Buel. "We're kept busy by 
the numbers that don't." 

Buel, who has spent the 
last 16 years working on be- 
half of abused women and 
children, joined the Quincy 
team in 1991 as special pros- 
ecutor for domestic-violence 
cases. Here, she says, she is 
finally able to put her experi- 
ence into practice, with the 
full support of the district at- 
torney. She explains how her 
approach to these cases dif- 
fers from the norm: "In 
most courts, if a victim 
comes in at arraignment and 
says, '1 want my case 
dropped,' that's the end of it. 
We work on the assumption 
the abuser will harass and 
threaten her. Maybe he's 
slashing her hres, or calling 
her at work 40 rimes a day. 
"I start with the premise 
of not dismissing, which 
takes the burden off her. It 
becomes the state's case," 
says Buel. "I tell the women, 
'I have the same respect for 
you as I have for my grand- 
mother, and I'm going to 
treat [the abuser] just as if 
he beat up my grandmother 
on Main Street at noon." 

Despite Buel's determi- 
nation to prosecute, however, 
victim safety remains her 
pnonty. "It's easy for us to 
think winning is every- 
thing," she says. "But in too 
manv cases, a convicnon was 
followed by a muraer. There 
are cases where we don't 



prosecute, when someone 
inav have to go underground 
and stan a new life." 

WHKN VICTOR'S TRIAL 
date came up, a vear 
after his arrest - a 
common waiting period - 
Cash's father was dving or 
cancer. Rather than face a 
jury trial, she agreed to a 
plea bargain in which Victor 
admitted to assault and bat- 
tery and was sentenced to a 
year in pnson. "I had missed 
seven years of my father's 
life, and I blamed that on 
Victor," says Cash. "He 
wasn't going to take his 
death away." 

Cash's father died the 
day after Victor pleaded 
guilty to the assault charge. 
He served six months be- 
hind bars. 

"Two years ago, I 
thought there never would 
be any happiness for me," 
Cash says. But she was rec- 
onciled with her family, who 
had cut off dealings with her 
as long as she stayed with 
Victor. Then her friendship 
with Bob Cash blossomed 
into romance. Walking 
down the aisle on her wed- 
ding day, at the church 
where she had received her 
First Communion, Cash 
says, "was like a walk 
through my life. All the 
court people were sitting at 
the back of the church - the 
advocates, the district attor- 
ney, all the people who 
showed me how to believe in 
myself. Up front were my 
family, my childhood. And 
up at the altar was my fu- 
ture. 

"These women I see in 
the news, shot, dead - it kills 
me," says Cash. "Because 
there is that, and then there 
is me. I got off that high- 
way." 

Cash is willing to go 
public with her story, even 
offenng to be photographed 
in hopes or providing an al- 
ternative vision to women 



who are still living with bat- 
terers, snll suojecting their 
children to the emotional 
damage she and her children 
are trying to heal in therapy. 
However, she is still very 
protective ot her exact 
whereabouts. Although it's 
been two years since Victor 
was convicted, and over a 
year since he was released 
from jail, she's had word that 
he's still looking tor her and 
the children. 

She travels to Quincv 
annually to renew her re- 
straining order. "No one is 
watching him now," she 
savs. "I have to watch out for 
myself." o 



-139- 



Myth V. (Reality: 
Clinical Issues In (Domestic Violence 



Identifying the 
Assaultive Husband 

in Court: 
You Be the Judge 



by David Adams, M.Ed. 



David Adams is Co-founder and Presi- 
dent of Emerge: A Men's Counseling Ser- 
vice on Domestic Violence. He is a na- 
tionally known expert on counseling 
assaultive husbands. 



I. 



.ndividual and institutional suppres- 
sion of the truth frequently run parallel 
courses in history. Even when the truth 
is not actively suppressed, it is some- 
times resisted because of the low status 
of its tellers. Such is the case with wife 
abuse. The ability of individual perpe- 
trators to conceal or justify their violence 
has been facilitated by a criminal justice 
system that has historically ignored or 
blamed the battered woman (Taub & 
Schneider. 1982; New York Task Force 
on Women in the Courts, 1986). But the 
criminal justice system is not alone in 
letting the abusive man off the hook. 
The downplaying of domestic violence 
and the tendency to blame victims have 
been well documented among social ser- 
vice providers, medical personnel, 
clergy, and the media (Schechter, 1982). 
Too often, those who are in a position 
to intervene have failed to educate them- 
selves about wife abuse. Biased precon- 
ceptions about men and women have 
impaired nearly everyone's ability to 
identify wife abuse and consequently, 
our ability to hold abusers responsible 
for their violence. Even our questions 
betray a preoccupation with the victim's 
choices and responsibilities rather than 
those of the perpetrator. We ask, "Why 
does she put up with it? " rather than 
"Why does he beat her?" Finding the 
truth means moving beyond popular 



stereotypes and learning to ask the right 
questions. Court officers must be espe- 
cially careful to ask plaintiffs whether 
they fear potential reprisals from the 
defendant in reporting domestic 
assaults. 

As frightening as domestic abuse is, 
the experience of publicly disclosing it 
has been compared to stepping off a cliff. 
Disclosure not only puts the battered 
woman at greater risk for retribution 
from her abuser but it also severely jeo- 
pardizes her social and economic secu- 
rity. Research shows that, far from being 
irrational, these fears are well-founded. 
Women are most likely to be murdered 
while attempting to report abuse or to 
leave an abusive relationship (Sonkin, 
1985; Browne, 1987). Many battered 
women report that their husbands have 
repeatedly threatened to kill them if they 
call the police or attempt to leave. Those 
who treat the abusive man confirm that 
the violence often escalates once the 
woman attempts to end the relationship. 
The abusers threats of continued physi- 
cal abuse are often accompanied by eco- 
nomic threats. These commonly include 
threats to withhold child support and to 
sabotage her job plans. Some men make 
threats that are specific to the children, 
exploiting their wives fears of losing the 
children once they report domestic abuse. 

Most battered women's fears about 
calling the police or seeking court pro- 
tection are logical reflections of her past 
experience with her abusive spouse. 
What appears from the outside as an 
irrational pattern of "crying wolf," 
becomes much more understandable 
when one identifies the specific scare tac- 
tics of the abuser. These, combined with 
inconsistent and sometimes hostile re- 
sponses from the criminal justice system 
reinforce the battered women's fears that 
there is no real escape from the abuse. 

Characteristics of the Abusive Husband 
The following descriptive profile of the 
abusive husband is provided to help 
criminal justice workers become more 
sensitive to the concerns of battered 
women and more knowledgable (and 
hence, less vulnerable) to the manipula- 
tion patterns of the abusive man. The 
profile is drawn not only from victim ac- 
counts and research findings but also my 
twelve year experience as a counselor of 
abusive men at Emerge: A Mens Coun- 



seling Service on Domestic Violence, in 
Cambridge. Massachusetts. Founded in 
1977, Emerge was the first program of 
its kind in the nation. Each characteristic 
listed has implications for all those who 
are in a position to identify abusive be- 
havior and prescribe solutions. 

1. Discrepancy in public versus private 
behavior 

Men who batter their wives often do not 
come across to those outside the family 
as abusive individuals. Often, the abu- 
sive man maintains a public image as a 
friendly, caring person who is a devoted 
"family man." This good reputation 
often leads neighbors and friends to con- 
clude that his wife is exaggerating when 
she reports physical abuse. Police re- 
sponding to these reports may be swayed 
by the calm demeanor of the perpetrator. 
By contrast, his wife may seem more agi- 
tated and hysterical, leading police of- 
ficers to conclude falsely that she is the 
more aggressive party. This false picture 
is often repeated in court. Dressed in a 
suit and accompanied by counsel, the 
male defendant frequently comes across 
more credibly than the female plaintiff. 
This is especially true when the perpe- 
trator is a professional man. In such a 
case, the picture the plaintiff paints of 
her husband s behavior may seem incon- 
sistent with his stature in the community. 
Approximately one-third of the men 
counseled at Emerge are professional 
men who are well respected in their jobs 
and their communities. These have in- 
cluded doctors, psychologists, lawyers, 
ministers, and business executives. Police 
and court officers must look beyond the 
popular image of the abusive man as an 
eary-to-spot brute. While some abusers 
bear some resemblance to this stereo- 
type, most do not. 

2. Minimization and denial 

Living in a society that undervalues do- 
mestic life, abusive men do not expect 
their abusive behaviors toward women 
to be taken seriously. One man said it 
had never occurred to him that he could 
be arrested for such a "minor thing." This 
man's attitude that meiu' ill-treatment of 
women doesnt belong in the public 
sphere, does not exist in a social 
vacuum. It is mirrored by recent public 
debates about the relevance of how pub- 
lic men treat their wives, particularly 
when allegations of wife abuse or mfi- 



BOSTDN BAR JOURNAL 

July/August 1989 (pg. 23-25) 



-140- 



delity are made. It is reflected by the his- 
torical reluctance of police and courts to 
intervene in "domestic disturbances" 
(Roy, 1977). 

Few, if any, abusive husbands charac- 
terize themselves as men who beat their 
wives. A recent informal poll of clients 
at Emerge revealed that few men, even 
the most severe abusers, had thought of 
themselves in those terms. The abusers 
tendency to minimize problems is com- 
parable to the denial patterns of alcohol 
or drug abusers. Problem drinkers mini- 
mize their drinking by favorably com- 
paring their own consumption pattern to 
"worst case" alcoholics — those who 
drink bottles of hard liquor on the street. 
Many battering husbands similarly mini- 
mize their violence by comparing it to 
"brutes who beat their wives every day." 
Besides spurning the "wife beater" label, 
most abusive men underreport their vio- 
lence. Research studies of violence- 
reporting patterns among husbands and 
wives have found that husbands are 
more likely than wives to underreport 
their own violence (Szinovacz, 1983; 
Browning & Dutton, 1986). For instance, 
husbands are more likely to count even 
severe acts of violence (e.g., choking, 
punching, beating someone up) as self- 
defense rather than violence (Brygger & 
Edleson, 1984). Frequently, what abusers 
report as self-defense is in reality violent 
retaliation. While some men rationalize 
their violence, other merely lie about it. 
The previously mentioned poll of 
Emerge clients found that many had lied 
about their violence when asked by 
neighbors, relatives, and police. 

3. Blaming others 

Perhaps the most common manipulation 
pattern of the abusive man is to project 
blame for his violence onto his wife. In 
treatment programs for abusers, state- 
ments like "she drove me to it," "she pro- 
voked me," "she really knows how to 
push my buttons" are common. State- 
ments like these reveal the abusers at- 
tempts to divert attention away from his 
own behavior and choices. Abusers in 
the early stages of treatment resist self- 
criticism by projecting responsibility for 
their violence onto others (Adams, 
1988). This is similar to the alcoholics 
tendency to blame other people, things, 
and circumstances for his drinking. The 
abusive husband, like the alcoholic pre- 



sents himself as a victim. 

Too often, interveners get caught up 
in talking about the victims behavior. 
This is a disservice to the abuser because 
it reinforces his denial of responsibility. 
When the topic of discussion shifts to his 
partners behavior, the abuser is pre- 
vented from recognizing that he has 
choices in how he responds to her, and 
that some choices are more constructive 
than others. Often, the abuser manipu- 
latively seeks allies in his attempts to 
monitor and police his wife's behavior. 
Abusers in later stages of treatment are 
able to critically identify this as a lack 
of respect for their partners. One man 
said "I could never accept her the way 
she was; I always felt I had to correct' 
her. And it was easy to find other peo- 
ple to agree with me." (Emerge, 1989). 

4. Controlling behaviors 
Advocates for battered women have 
pointed out that wife abuse is more than 
isolated acts of physical violence. It is a 
cohesive pattern of coercive controls that 
include verbal abuse, threats, psycholog- 
ical manipulation, sexual coercion, and 
control over economic resources (Do- 
bash & Dobash, 1979; Schechter, 1982). 
The co-existence of these other control- 
ling behaviors serve to remind the vic- 
tim subliminally of the potential for 
physical abuse (e.g., yelling, threats, 
angry sulking) and to undermine her in- 
dependence. The abuser's frequent cri- 
ticisms of his wife erode her confidence 
in her own abilities. One abusive hus- 
band said he constantly tore down his 
wife's self-confidence because "I felt 
threatened whenever she felt good about 
herself." This man's wife said that it was 
only when she got support and valida- 
tion from others that she began to trust 
that she could make it on her own. So- 
cial isolation is another tactic used by 
abusers to undermine their wife's auton- 
omy (Walker, 1984). Accusations of in- 
fidelity or of "neglecting the family" 
serve to manipulate the woman into cur- 
tailing her contacts with friends, co- 
workers, and relatives. 

5. Jealousy and possessiveness 
Many battered women report that their 
husbands make frequent jealous accusa- 
tions. For some abusers, this jealousy 
has an obsessive quality. These men con- 
stantly monitor their wife's whereabouts. 
Their surveillance activities often con- 



tinue (and escalate) when their wives 
leave or attempt to end the relationship. 
These may include following her around, 
interrogating the children, eavesdrop- 
ping on telephone conversations, and 
making frequent telephone calls to mon- 
itor her activities. 

It bears repeating that pathological 
jealousy of this kind is not evident in all 
men who abuse their wives. Its presence 
should be seen as a significant indicator 
of potential homicidality (Sonkin, 1985). 
Closely related to this is extreme posses- 
siveness which is often manifested by the 
abuser's unwillingness to accept the end 
of the relationship. Women who leave 
this type of man are subjected to on- 
going harassment and pressure tactics, 
including multiple phone calls, homicide 
or suicide threats, uninvited visits at 
home or work, and manipulation of the 
children. 

6. Manipulation of children 
There is considerable variation among 
abusive husbands on whether their vio- 
lence extends to the children. While child 
abuse is as frequent or more frequent 
than wife abuse for some abusive hus- 
bands, others have strong prohibitions 
against hitting their children. Regardless 
of whether children are directly abused, 
children are adversely affected by being 
exposed to wife abuse (Kalmuss, 1984). 
Children exposed to abuse are more in- 
secure, more aggressive, and more prone 
to depression. Children in this situation 
commonly feel divided loyalties between 
their mothers and fathers. Research 
shows that childhood exposure to wife 
abuse is a significant predictor of future 
wife abuse (Hotaling & Sugarman, 
1986). 

Courts are often asked to decide cus- 
tody and child visitation issues when 
battered women file for protective orders. 
Judges must be wary of the manipula- 
tion patterns of the abuser in making 
these decisions. For instance, abusive 
husbands commonly misuse child visita- 
tions as a way of gaining access to their 
wives. Abuse of child visitations not 
only compromises the battered woman's 
safety but also has an adverse emotional 
impact on the children. Some abusers 
use their children as emissaries who are 
responsible for spying on mom's activi- 
ties or for convincing mom to 'let Daddy 
come home." Some abusers contest cus- 



BOSTON BAR JOURNAL 



-141- 



tody or child support agreements as a 
'• bargaining tactic designed to coerce their 
partners to reconcile or to drop criminal 
complaints. Prosecutors and judges 
should routinely encourage battered 
women to seek modification of child 
visitation agreements if such agreements 
are being abused, or if the child's or 
woman's physical safety is being 
jeopardized. 

7. Substance Abuse 
Research studies have varied findings 
about the degree of overlap between 
spouse abuse and substance abuse. One 
study found 70?o of men arrested for 
domestic battery showed evidence of 
alcohol or drug abuse (Roberts, 1987). 
A survey of women who sought refuge 
in shelters for battered women, found 
that 48 To reported that their abusive 
husband abused alcohol. This variation 
in findings is attributable to the use of 
differing criteria in assessing the bat- 
terer's use or abuse of substances. There 
is also evidence to suggest that police are 
more likely to arrest a batterer when 
there is also evidence that he is under the 
influence of alcohol or drugs (Kantor & 
Straus, 1986). 

Despite the high correlation, experts 
in the domestic violence field agree that 
alcohol or drug use does not cause men 
to batter their wives (Coleman & Straus, 
1983). Acting as a socially approved dis- 
inhibitor, alcohol use becomes a conve- 
nient excuse for some men to hit their 
wives. The battering husband who abuses 
alcohol has two problems for which he 
must take responsibility. Alcohol or drug 
treatment alone will not stop the batter- 
er's abusiveness. Recovering alcoholics 
exhibit high rates of abusive behavior. 
Despite this, one study found that courts 
in one state refer most alcohol /drug 
abusing batterers to alcohol or drug 
treatment programs only — without 
also referring to specialized batterer 
treatment programs (Roberts, 1987). Be- 
cause probation officers and judges have 
been more sensitized to alcohol and drug 
problems, there is a danger of focusing 
exclusively on the substance abuse when 
the substance abuser is also abusive 
toward his wife. When the problems co- 
exist, it is critical for the individual to 
be evaluated for both kinds of treatment. 

8. Resistance to change 

Like substance abusers who are still in 



the denial stage, most abusive husbands 
lack internal motivation to seek counsel- 
ing or to change their behavior. It is esti- 
mated that less than 1% of men who bat- 
ter are referred to specialized treatment 
programs for abusers. Approximately 
20To of Emerge clients are court-ordered 
to attend the program. Though the rest, 
technically, are self-referred, most of 
these have sought counseling only once 
it became clear that their relationship 
will not continue unless they attend. For 
most of these men, the problem as they 
see it is that their wives have left them, 
not that they have been violent. Initially, 
the abusive man bargains with his wife 
to change as little as possible (Adams, 
1989). For instance, he may agree to at- 
tend one week of counseling in exchange 
for returning home or having criminal 
charges against him dropped. Fifty per- 
cent of Emerge clients drop out of treat- 
ment within the first month, a figure 
that is consistent with other programs. 
Some drop out as soon as they recon- 
cile with their wives. Others drop out as 
soon as it becomes clear that a recon- 
ciliation isn't possible. The typical bat- 
tering man, like the alcoholic brings a 
'quick fix' mentality to counseling. His 
desire to restore the status quo outweighs 
his desire to change. 

Summary 

For court workers to become aware of 
abusive behavior patterns does not con- 
demn the abusers chances for change. 
On the contrary, this insight helps inter- 
veners resist the abuser's manipulation 
patterns and more realistically appraise 
his suitability for rehabilitative efforts. 
Clearly, some perpetrators pose too great 
a danger to their wives for the courts to 
release them into the community. Assess- 
ments for potential lethality should be 
made in every spouse assault case. In my 
experience, the men who do make sig- 
nificant changes are those who accept 
legal sanctions and presevere with coun- 
seling. These men respect their wives de- 
cisions concerning the amount and na- 
ture of contact she wishes to have with 
him. He learns to focus on his own 
rather than her behavior. Much depends 
on the public sanctions that the abuser 
encounters along the way. Courts have 
a critical role to play in this. They deter- 
mine whether the abuser attends a treat- 
ment program, how long he stays in the 



program, and whether the victims safety 

is ensured while he attends the program. 

Bibliography 
Adams. D. (19881 "Counseling rr.cn who barter 
A profeminist analysis of five treatment models ." 
in M. Bograd it K. Yllo (eds.V Feminist Pe^svec- 
fives on Wife Abuse. Beverly Hills. CA: Sage 
Adams. D. (198°). "Stages of anti-sexist awareness 
change for men who batter." In L. Dickstein it C. 
Nadelson (eds.). Family Violence Washington. 
DC: Appi Press. 

Bannon. J. (1975). "Law enforcement problems 
with intrafamily violence." paper presented at 
American Bar Association Convention 

Browne. A. (1987). When Battered Women Kill 
New York: Free Press. 

Browning. J. & Dutton, D. (198o). "Assessment of 
wife assault with the conflict tactics scale: using 
couple data to quantify the differential reporting 
effect." Journal of Marriage and the Family 43 
375-379. 

Brygger. M.P. k EdJeson. J. (1984). "Gender differ- 
ences in reporting of battering incidents." Unpub- 
lished paper presented at the Second National Con- 
ference for Family Violence Researchers. Durham. 
N.H.: University of New Hampshire. 
Coleman. K. it Straus. M. (1979). "Alcohol abuse 
and family violence." in E. Cottheil it K. Druley 
(eds.). Alcohol. Drug Abuse and Aggression. 
Springfield. IL Charles Thomas. 
Dobash. R. it Dobash. R. (1979). Violence Against 
Wives. New York: Free Press. 
Hotaling. G. & Sugarman. D. (1986). "An analysis 
of the risk markers in husbands to wife violence: 
The current state of the knowledge," Violence and 
Victuns. 1 (2): 101-124. 

Kalmuss. D. (1984). The intergenerational 
transmission of marital aggression." journal of 
Marriage and the Family. 5 (4). 11-19. 

Kantor. G. it Straus. M. (1986). The drunken bum 
theory of wife beating." Speech presented at the 
National Alcoholism Forum Conference on Alco- 
hol and the Family. San Francisco. 

New York Task Force on Women in the Courts 
(19861. "Summary of report by New York Task 
Force on Women in the Courts." Xn> York Law 
lounial. (April): 17-25. 

Roberts. A. (1987). "Substance abuse among men 
who batter their mates: The dangerous mix." un- 
published paper. Indianapolis. IN: School of Social 
Work. 902 West New York St.. Indiana University. 

Schechter. S. (1982). Women and Male Violence: 
The Visions and Struggles of the Battered Women s 
Movement. Boston: South End Press. 

Sherman. L. & Berk. R. (1984). The specific deter- 
rent effects of arrest for domestic assault." Amer- 
ican Sociological Review. 49 (April): 261-272. 

Sonkin. D. Martin. D. it Walker. L. (1985). The 
Male Batterer A Treatment Approach New York: 
Springer Publishing. 

Szinovacz. M. (1983). "Using couple data as a 
methodological tool: The case of mar.tal violence." 
journal of S\arnage and the Family 45: o44-644 

Taub. N. it Schneider. M. (1982). "Perspectives on 
women's subordination and the role of law." In D. 
Kairys. (ed). The Politics of Law A Progressive 
Critique. New York: Pantheon Books. 

Walker. L. (1984). The Battered Woman Syndrome. 
New York: Springer Publishing. 



BOSTON BAR JOURNAL 



-142- 



1ULY AUGUST 1989 



a 



New Jersey Alcohol / Drug 



RESOURCE CENTER AND CLEARINGHOUSE 



B 



J Center of Alcohol Studies, Rutgers University 



**»*^-™S%J: 



(^,% i ^m^m^mmx>-^r^ 









Robert Mackey, MA., C-A.S. 



Statistics on the correlation between do- 
mestic violence and addiction range be- 
tween forty-four percent according to the 
New Jersey Uniform Crime Report of 1 989, 
to more than eighty percent in some re- 
search studies. According to the National 
Woman Abuse Prevention Project in Wash- 
ington, D.C., alcoholism and battering 
share the following characteristics: Both 
are inter-generational, both involve denial 
and minimiza tion of the problem, and both 
involve isolation of the family. Consider- 
ing this, any intervention with either of 
these problems should consider the impli- 
cations and presence of the other. 

The topic of domestic violence and its 
association with addiction has received 
increased attention over the past decade. 
In a report by Schuerger and Reigle, per- 
sonality and background data were ob- 
tained on two-hundred and fifty men en- 
rolled in a group treatment program for 
spouse abuse. The major conclusions of 
this investigation verified the prevalence 
of alcoholism, drug abuse, and violence in 
the family of origin of abusive men. Fitch 
and Papantonio found violence between 
the batterer's parents, abuse of the batterer 
as a child, alcohol and drug abuse, and 
economic stress to be highly correlated to 
spouse abuse. Lehmann and Krupp cited 
several striking statistics on drinking and 
wife abuse. Data from the New York based 
program, Abused Women's Aid In Crisis, 
indicate that alcohol abuse on the part of 
the husband was a factor in over eighty 
percent of their cases. Another interesting 
point cited by these authors was the sur- 
vey condwCtsu by Scott, who interviewed 
1 00 wives of alcoholics who had identified 
themselves as victims of abuse. Seventy- 
two percent of these women ind icated they 
had been threatened physically, forty-five 
percent had been physically attacked, and 
twenty-seven percent had experienced 
"potentially lethal" attacks. None of these 
women had sought help as victims of bat- 
tering, suggesting that alcohol abuse is not 



only a factor in many cases of domestic 
violence, but that wife battering may be 
very common in families of alcoholics. 




Lehmann and Krupp carried out their own 
survey of 1500 cases of women calling a 
hotline for abused women in Philadel- 
phia. Fifty-five percent of these women 
said that their husbands became abusive 
when drinking. They asserted that al- 
though the association between alcohol- 
ism and domestic violence is clear, "most 
existing research supports the conclusion 
that alcohol abuse does not cause domes- 
tic violence." A final portion of this re- 
search involved interviews with ten alco- 
holism counselors and ten workers spe- 
cializing in the field of domestic violence. 
Contrary to the research literature, work- 
ers in both fields believed that alcoholism 
was in fact the primary cause of the vio- 
lence. These findings support the need for 
collaboration between the fields of addic- 
tion treatment and domestic violence as 
well as professional training on the sub- 
ject 

In summary, the literature on alcohol abuse 
and domestic violence makes it clear that 
men with drinking problems are at high 
risk to be abusive toward their spouses. 
However, it is also clear that many men 
who have drinking problems do not abuse 
their wives and that some men who don't 
have drinking problems do abuse their 

-143- 



wi ves. Therefore, th2 conclusion that there 
is no direct causal relationship between 
drinking and spouse abuse, a position sup- 
ported by most of the researchers in this 
area, appears irrefutable. 

There are a few salient points to consider 
when intervening with the problems of 
alcohol abuse and domes ti -violence. First, 
there is no causal relationship between the 
two, therefore recovering from one of the 
problems does not assure resolution of the 
other. Treatment of the addiction should 
precede treatment for the battering; how- 
ever in many cases, counseling for batter- 
ing can be initiated concurrently or can be 
instituted initially to assist in confronting 
the denial of the addiction. In either case, 
the violence must be addressed immedi- 
ately, if not through counseling then 
through legal sanctions and restraints to 
assure the safety of the victim(s). Victims 
of domestic violence, where alcoholism is 
involved or not, should receive the benefit 
of counseling and education concerning 
the cycle and dynamics of battering. Vic- 
tims should also be afforded the opportu- 
nity to investigate family-of-origin issues, 
beliefs, behavioral patterns, and role ex- 
pectancies that increase vulnerability to 
abusive types of relationships through 
disempowerment. The goal of interven- 
tion is to assure safety and to empower 
both victim and abuser to act in their best 
interest independently. While family 
therapy is an important aspect of addic- 
tion recovery, it is contraindicated in the 
presence of domestic violence. Early re- 
covery where both problems exist should 
focus on individual self-ma;, agement and 
should incorporate marital or family treat- 
ment as an adjunct therapy later in the 
therapeutic process. Domestic violence cre- 
ates an extremeimbalance of power in the 
relationship prohibiting effective negotia- 
tion. This disempowerment requires a rea- 
sonable degree of resolution before the 
effective assertion of the victim's needs 
can be realized. 

OJABINGHOUSe FACT SHIFT. 1997 



The following components are recom- 
mended to be incorporated in treatment 
programs for battering, in order of prior- 
ity: 

1 instruct/ support the alcoholic- batterer 
to abstain from alcohol use and violence 
through direct appeal and appropriate 
treatmentmodalities (if necessary, through 
legal or formal sanctions such as restrain- 
ing orders, job jeopardy, etc.). 
Z Confront denial /minimization and pro- 
jection of responsibility. 
3Jncorporate recovery programs for ad- 
diction concomitant with anger manage- 
ment/self-control techniques. 
4.Address potential relapse issues com- 
mon to both problems such as resentment, 
seif-pity, and cyclical self-defeating pat- 
terns of behavior. 

5 .Teach assertive communication skills. 
6.£ducate all parties on the techniques of 
effective problem-solving, thereby em- 
powering each individual in the system 
to behave in his or her personal best inter- 
est 

7.Address the needs of the entire family 
system. These are inter-generational 
problems, and prevention is a primary 
objective. 

Suggestions for Abusers 

liieek help from people with specific 
knowledge of addiction and/or aggres- 
sion control. This may require involve- 
ment in appropriate 12-step meetings and 
in anger management counseling. Remem- 
ber/ addressing one problem will not nec- 
essarily resolve the other. 
2.Understand that both battering (physi- 
cal and psychological) and addiction are 
progressive- The longer you deny the prob- 
lems, the more dangerous they become. 
3 .Resentment, denial, self-pity, and loss of 
control are characteristic of alcoholism and 
battering. Be willing to get honest 
4-Alcoholism and family violence tend to 
be inter-generational; be prepared for long- 
term care. Be supportive and encourage 
help for your children and family. 
5.You can't avoid influencing others, but 
you can't afford to control anyone but 
yourself. 

6.Stop losing control of yourself to try to 
gain control of others. 



Robert Mackey, M.A., C^S. 
Is a Consulting Psychologist on 
Domestic Violence for the Ocean 
County Domestic Violence Crisis In- 
tervention Unit in Toms River, NJ. 



Suggestions for Battered Persons 

1. Attempt to define yourself as a survivor 
of violence rather than a irictim; if s more 
empowering. 

2.Reach out to support groups; isolation is 
one of your greatest enemies. 
3.Trust that ultimately you know whaf s 
in your best interest; act accordingly. 
4.You are not the cause of another's behav- 
ior, so you cannot change someone else; 
focus on yourself. 

5.Develop a safety plan for you and your 
children in the event that you need to act 
quickly. A local domestic violence service 
can assist you in developing your options 
and advise you of your rights. In New 
Jersey, the state-wide hotline number is: 
1-800-572-SAFE. 

Domestic violence and addiction can be a 



lethal mix. The loss of control and effects 
of alcohol and drug abuse contribute sig- 
nificantly to the severity of beatings in 
abusive relationships. FBI statistics indi- 
cate that thirty percent of female homicide 
victims are killed by their husbands or 
boyfriends. 

Battering, unlike the disease of addiction, 
is a socially learned behavior which can be 
reversed if the motivation for change is 
realized. Techniques and social skills can 
be re-learned to eliminate the violent be- 
havior, just as life manageability can be 
attained through a commitment to recov- 
ery. Where abstinence of the drug alone is 
insufficient for true recovery, elimination 
of the violence is just the first of many 
steps toward breaking the cycle of domes- 
tic violence. The process of recovery ulti- 
mately benefits other significant people. 



References 



Eberle, P. A. (1 982). Alcohol abusers and non-users: Discriminant analysis of differences 
between two subgroups of batterers. Journal of Health and Social Behawor, 23, 260-271. 

Fitch, F.J., & Papantonio, A. (1983). Men who batter: Some personality characteristics. 
Journal of Nervous and Mental Disease, 171 (3), 1 90-1 92. 

Lehmann, N., & Krupp, S. (1984). Alcohol-related domestic violence: Clinical implica- 
tions and intervention strategies. Alcohol Treatment Quarterly, 1(4), 111-115. 

Roberts, A.R. (1988). Substance abuse among men who batter their mates. Journal of 
Substance Abuse Treatment, 5, 83-87. 

National Woman Abuse Prevention Project, 2000 P Street, NW, Suite 508, Washington, 
D.C 20036. 

Schuerger, J.M., & Reigle, N. (1988). Personality and biographic data that characterize 
men who abuse their wives. Journal of Clinical Psychology, 44(1), 75-81. 



Readings for Further Information 



Forward^., & Torres, J. (1986). Men who hate women & the women who love them. New 
York, NY: Bantam Books. 

Martin, D. (1981).Bafter«i wives. San Francisco, CA: Volcano Press, Inc. 

Sonkin, D.J., & Durphy, M. (1982). Learning to live without violence. San Francisco, CA: 
Volcano Press, Inc. 

Weisinger, H. (1985). Dr. Weisinger's anger workout book. New York, NY: Quill. 



The New Jersey Alcohol/ Drug Resource Center and Clearinghouse serves institutions of higher education, state 
agencies,communities and school districts throughout the state of New Jersey by providing technical assistance, 
training , and resources in alcohol and other drug abuse education and prevention. For more information on 
the Clearinghouse, call or write to: 

Center of Alcohol Studies 
Smithers Hall-Busch Campus 

Rutgers University 

Piscataway, NJ 08855-0969 

(908) 981 - 0964 

C1992 



RUTGERS 

CLEARINGHOUSE FACT SHEETS MAY BE REPRODUCED IN ANY QUANTITY FOR EDUCATIONAL USE 



-144- 



Is Danger Ahead In Your Relationship ? 
Take This Test And Find Out 



Alcohol is a drug. 
If you 're pregnant 
don't drink or take 
drugs - they can 
hurt your baby. 




These drinks all have the 
same amount of alcohol: 

* 1 beer .* 5 oz. of wine 

* 1 shot of hard liquor 

* 1 wine cooler 



of Alcohol or Other Drug Addiction 



Are you going oittwiffosom 



Q Is hard to get along with when drinking or using other drugs. 

□ Drinks or takes drugs because they're "depressed." 

□ Drinks or takes drugs to calm their nerves or deal with other pressures. 
Can use a lot of alcohol or other drugs without seeming to be drunk or high. 

U Gets into trouble at work, school, or at parties because of alcohol or drug use. 
D Forgets things they say or do when under the influence of drugs or alcohoL 

(Also called blackouts.) 
D Wants you to drink or take drugs with him. 

□ Tries to hide or lie about drinking or drug use. 

□ Is scary when drinking or using drugs. 

□ Gets violent or yells or insults you when drinking or using drugs. 
Uses drinking as an excuse for hurting you with words or actions. 

□ Gets mad when you try to talk about drinking or drug use. 

O Has trouble with money because of spending too much on liquor or other 

drugs. 

Apologizes later or tries to make up for things after drinking or drug use. 
U Has been arrested for driving "under the influence," or been in any other 

trouble with the law due to drinking or drugging. 
D Says they'll stop drinking if you have sex, or do other things for them. 



Do you keep trying jo "malxilun 

trmnittlJan'tknmjTn^ 

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There is hope and help. Call the Mass. Drug and Alcohol Hotline 1-800-327-5050 



145- 



THE NEW YORK TIMES HEALTH WEDNESDAY, MARCH 18. 199: 



tl 



_■» 



Personal Health 



Jane £. Brody 




£When love P ': 

£■- ■ ■■ ^ 

;Iturns violent: 



-A 



Ithe roots of 3$ ! ,CI 

$&buseJM#™ 

V-— — w ■■ • ; —%k 




%'i 



MER1CAN women have tar- 3 
more to (ear from the men 
they know and once loved ^V 
than (mm any stranger on.rv 
fane street Domestic Violence is the ; £'. T 
1 1 tWdirig cause of Injury and death toVi \ 
i American women, causing more 9 sC "5 , 1 
is'rm than vehicular accidents; rifiei^ 
r 4hd muggings combined. ' ' ^ 

«^% Each year an estimated six mIMIori' r* 
fc women are beaten by the men they ;'. vy- • 
*r live with, and 30 percent of women ' i> 14' 
.& Who become homicide victims die at H '.* 
-'the hands of men with whom they «• 
«• have a "family" relationship. While >, 
i * there are some cases of domestic vto- .' . 
r lence in which the wife Is the abuser . 
ta's well as problems of abuse among " . 
*f sy couples, in the overwhelming ma-' 
1 polity of cases, women are the vie- • '. 
' .tlms at the hands of their men. 
4» : " When such cases gain wide atten- 
% lion, the public tends to blame alcohol 
•» or drugs or poverty as the provoca- 
i tlon. But are they? A chemical high 
) ' may release inhibitions against phya- 
~ leal abuse but It does not create a vio- 
? lent, power-hungry person who needs 
to control a spouse even more tightly 
: than a master rules a slave. As for 
' k . poverty, experts say well-educated, 
r well-off professional men are hardly 
v Immune ; they are simply better at 
: escaping punishment, 
r Even when the victim's charges of 
abuse are believed, she is often 




_; i £blamed for staying with her abuser, ' 
*tOT hot throwing him out or picking up .*<• 
the children and leaving. Sometimes 
she is blamed for hooking up with a 
^•violent man, or eyen for provoking his 
v attacks. 



ri 



WhyMonDoIl 

"Why did she stay?" is the leading 
question. Far fewer people ask, "Why 
did he do it?" Yet understanding the 
nature of spouse abuse and the forces 
thkt foster and perpetuate it is cm- . 
cial to establishing effective social 
and legal mechanisms for protecting 
the victims, breaking these violent ■ 
patterns and preventing such cases 
from developing in the first place. 

As more communities mandate 



therapy for men convicted of domes- 
tic violence, the extent and origins of 
their abusive behavior Is at last un- 
dergoing professional scrutiny. For 
example, Cyndee Paulson, a thera- 
pist who runs grout * for men who 
batter women, said: "Most of the 
time the men don't understand that 
what they are saying or doing Is of- 
fensive. It's like a reflex, something 
they've done all their lives." She says 
men tend to minimize their actions 
and the consequences, saying things 
like "we had a little argument," even 
when the woman required stitches to 
close facial wounds. 

Ms. Pattlson, who works for Victim ' 
Services, a private nonprofit agency 
in New York City that aids battered 
women, said the men are acting on 
beliefs they learned from their par- 
ents and society. "Boys are taught to 
settle problems and disputes with 
their fists, whereas girls are taught to 
use their mouths," she said. 

John A pome, a founder of the Vic- 
tim Services counseling program for 
men who batter, said batterers were 



-146- 



at the extreme of a continuum of men 
who "carry the seeds of superiority 
given to them" at an early age. "Men 
may use intimidation, threats, eco- 
nomic control or emotional abuse," 
he said. "It's when these control tac- 
tics don't work and a man's authority 
is challenged that he feels he has to 
resort to physical abuse." 

Experts say many abusive men are 
the products of a vicious cycle in 
which they were abused as children 
or witnessed their fathers abusing 
their mothers physically or psycho- 
logically by belittling them. 

The issue, Ms. Pattlson said, is 
power and control. "Historically, 
women were property and men had to 
keep them In line," she said. An abu- 
sive man may control his wife's ac- 
cess to money, not allow her to work 
and make her account for every pen- 
ny she spends. He may try to Isolate 
her from social contacts by disap- 
proving of her friends, escorting her 
everywhere she goes and alienating 
her from her family. And he may con- 
stantly berate her until she is con- > ., 
vlnced she is worthless. When he Is 
through, she has nowhere to turn for 
support and affirmation but to him, 
her abuser. 



Why Woman Stay 

Dr. Samuel C Klagsbrun, psychia- 
trist and medical director o( Four ' 
Winds Hospital in Katonah, N.Y., 
points out that most abusive relation- 
ships start out normally as loving, ro- i 
manUc and exciting. When abuse be- 
gins, women have trouble believing • 
that something initially ad wonderful 
is turning sour. There is a lot of apolo- ; , 
glzlng and making up, and the womari 
thinks everything will go back to the * 
way It once was. Slowly, barraged by 
repeated abuse, she becomes dehu- 
manized, helpless and unable to see 
herself as a separate person and to 
distinguish right from wrong. 

Dr. Klagsbrun, who treated Hedda 
Nussbaum, the abused companion of 
Joel Steinberg, the New York lawyer 
now in Jail for fatal child Abuse, said 
such women end up surviving In the * . 
same way that prisoners of war, hos- 
tages or concentration camp victims 
do: by trying to behave well, by ac- 
commodating their captors, by living 
from hour to hour. An abused woman 
may even begin to believe her bat- 
terer's rationalization that the beat- 
ing is for her own good. 
„ When a woman finally musters up 
: • the courage to leave a man who 
abuses her, she typically encounters 
insurmountable obstacles. Sarah 
Buel was herself once the victim of an 
abusive spouse. She eventually es- 
caped with her young son, put herself 
; through college, went to Harvard 
K Law School on scholarship and Is now 
': an assistant district attorney for Nor- 
folk County, Mass., and a leading ad- 
vocate for battered women and court 
reform nationwide. She lists some 
problems faced by battered women 
who try to leave: 

IMoat do not have enough money to 
live on and cannot earn enough to 
support themselves or their children, 
. particularly If the children require 
, day care. If they have no street ad- 
■ dress, many cannot get welfare. 

QMost have trouble finding a place 
to live. Five women are turned away 
for every one who seeks shelter, and 
93 percent of shelters will not accept 
women with children. 

« Leaving an abusive spouse does 
not necessarily bring safety; it often 
triggers more serious violence. More 
women are killed In the process of 
leaving than at any other time. For 
example, last week a Milwaukee 
woman was stabbed to death in the 
courthouse by the man from whom 
she was seeking court protection. 
> 1 Women who leave are afraid they 
will lose their children. The men, who 
control the money, are often able to 
hire good lawyers and fight success- 
fully for custody of the children. In 
Massachusetts, 70 percent of men 
who try to gain custody succeed. 

More often than not, the law falls to 
protect a battered woman. Abusive 
men. Instead of being prosecuted and . 
Jailed for committing acts of criminal 
violence, are either not arrested or 
are released by disbelieving Judges. 
They are then able to hound and ter- 
rorize their spouses until the women 
are forced to return. Having nowhere 
else to go, half of them do. 



is 



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Ar« You Abased? 

victim Servloea says that a 
woman who answers "Vea* to 
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-1 4P- 






Victimization of Mothers of Abused Children: 
A Controlled Study 



Linda McKibben, MD, MPH, Edward De Vos, EdD, 
and Eli H. Newberger, MD 

From the Department of Pediatrics, Boston City Hospital and Boston University School 

of Medicine, the Department of Pediatric Medicine, The Children's Hospital. 

and the Department of Pediatrics, Harvard Medical School. Boston. Massachusetts 



ABSTRACT. To search for indicators of violence against 
mothers of child abuse victims by husbands or boyfriends, 
the women's medical records were reviewed and com- 
pared to records of mothers of a nontraumatized child 
comparison group. Of the 32 children ascertained in a 6- 
month interval, the records of mothers of 19 (59.4%) were 
diagnostic or highly suggestive of current or previous 
victimization. Although the prevalence of documented 
violence against the mothers of children in the compari- 
son group was an unexpectedly high 16%, the case-control 
difference was highly significant (P < .001). Although 
differences were found in the (younger) ages and (higher) 
parity of mothers of abused children, these differences 
did not predict risk of mothers' exposures to violence in 
a multivariate analysis. The rate of violence against single 
mothers of child abuse victims, however, was four times 
the rate against mothers who were married (P - .022). 
These findings suggest a need to broaden the diagnostic 
conceptualization of child abuse to include maternal vic- 
timization and argue for including data concerning ma- 
ternal risk in formulating diagnoses and disposition plans 
for abused children. Pediatrics 1989;84>53 1-535; child 
abuse, maternal victimization, battered women. 



With the publication 27 years ago by Kempe and 
colleagues 1 of the influential paper, "The Battered 
Child Syndrome," a diagnostic concept was coined 
that stipulated a causal connection between the 
aggressive actions of a perpetrator (a parent or 
foster parent) and the symptoms of a child victim. 
In the intervening years, the notion has been for- 
malized in laws obliging physicians and others to 
report child abuse, and the concept has been ex- 
panded in clinical studies and legal definitions of 
child abuse.- 



Received for publication Jul 14, 1988: accepted Nov 4, 1988. 
Reprint requests to (E.H.N.) Family Development Study. The 
Children s Hospital. Boston, MA 02115. 

PEDIATRICS (ISSN 0031 4005). Copyright * 1989 by the 
American Academv of Pediatrics. 



An important conceptual advance was made in 
1980 with the publication of the Straus et al 3 na- 
tional survey of family violence, in which parent to 
child violence was perceived as one among many 
modes of physical aggression within families. Vio- 
lence between parents was estimated to be as fre- 
quent as, or more frequent than, violence toward 
children. Violence between parents and toward chil- 
dren were estimated from interviews to be related. 
Women who were victims of severe violence, for 
example, were 150% more likely to use severe vio- 
lence in resolving conflicts with their children than 
women who were not. 

A recent review of data from studies concerning 
the posited intergenerational transmission of vio- 
lence suggests that minimally 30% of children will 
express toward their own offspring physical or sex- 
ual abuse or extreme neglect similar to that which 
they had suffered. 4 

Although a literature is developing regarding the 
psychologic impact of violence between adults on 
children, there are few reports of physical victimi- 
zation of both children and mothers. " 11 With a 
view to exploring the extent of overlap of maternal 
and child abuse, a retrospective case-control study 
was designed. 

METHODS 

Case Selection 

Cases were selected through a multitiered review 
of all child abuse reports filed at Boston City Hos- 
pital during the 6-month period. January 1. 1986. 
through July 6, 1986. Given the purpose of this 
study, only those reports filed by emergency room 
staff were retained for further review; there were 
95 such filings (59% of the total). 

These reports were evaluated by the following 
inclusion criteria: (1) physical examination findings 



PEDIATRICS Vol. 84 No. 3 September 1989 



-150- 



positive for signs of physical abuse except where 
sexual abuse was the chief complaint; (2) presence 
of biologic mother at the time of the child protective 
report, and (3) injuries that were not self-inflicted. 
Reasons for exclusion included injury known to be 
inflicted by a day-care worker or a case that was 
deemed "unsubstantiated" after investigation by 
the Massachusetts Department of Social Services. 
On the basis of these inclusion and exclusion 
criteria, 63 case reports were retained for further 
review. The mothers' charts were then obtained 
through the following process. First, the mothers 
name and address, as listed on the child abuse 
report, were compared with those of the insurance 
guarantor (usually the mother) on the child s com- 
puterized demographic record The mother s social 
security number was often available from this 
source. Subsequently, the mother's name was en- 
tered into the hospital's computerized data base. 
These records were reviewed and the mother s iden- 
tity was verified through a comparison of social 
security number, address, and consistency of infor- 
mation in the medical chart itself (eg, birth records 

of the child). 

Following a definite match, the medical record 
number was retrieved and the medical chart re- 
quested. Sixteen mothers had no medical record 
numbers at Boston City Hospital and presumably 
had not received medical care there. Forty-seven 
charts were requested; 5 of these were not available 
after two requests from the medical records depart- 
ment. The remaining 42 charts were reviewed. Ten 
of these medical records were excluded because of 
insufficient information. 

Control Selection 

Control mothers were also selected based on ini- 
tial review of children's records. The emergency 
room dailv logs were scanned for records of children 
with nontraumatic complaints who had sought 
medical attention within the same month as the 
index case. In addition to time of emergency room 
visit, the children were also matched for age, sex, 
race, and socioeconomic status (dependency on 
Medicaid was used as a proxy for low socioeconomic 
status). The same process used to locate a case 
mother's chart was used to retrieve the control 
mother's medical chart. 

Chart Review 

Thirtv-two case and 32 control mothers' charts 
were evaluated and assigned to one of four cate- 
gories of maternal victimization: (1) diagnostic U) 
su-estive, (3) notable for relationship problems 
and* psychosomatic complaints, and (4) nonsugges- 



tive These categories were operationalized using 
the following criteria: diagnostic-a chart with ex- 
plicit data both confirming intentional physical 
trauma and identifying the perpetrator as an inti- 
mate man; (2) suggestive-a chart with documented 
intentional physical abuse but with no specification 
of the perpetrator's identity, either as man or 
woman, acquaintance or stranger; (3) relationship 
problem— a chart without specific indication of 
physical abuse but rather of significant marital/ 
relationship problems with such associated psycho- 
somatic complaints as hyperventilation syndrome, 
depression, and tension headaches; and (4) non- 
suggestive-a chart with no evidence of physical 
abuse and/or relationship problems. (It should be 
recalled that charts with insufficient information 
for evaluation were excluded before this review.) 
The following additional information was extracted 
from the medical record: mother's date of birth, 
race, employment status, type of health insurance 
coverage, and number of other children. 

The data were gathered frem^he medical records 
by one of us, who was unaware^ the hypothesis 
and the classification status of case and control 
mothers. Because the first eligible control mother 
was used, however, there was little opportunity for 
bias in the selection of the comparison group. The 
possible intrusion of bias in the coding of data from 
the records was addressed in meetings among the 
coauthors as the study proceeded. 

The study design was reviewed and approved by 
the chief of the Boston City Hospital's Child Pro- 
tection Program, the chairman of the Department 
of Pediatrics, and the Institutional Review Board 
before the initiation of the research. 

Statistical Methods 

Data analysis was done with statisticaUnethods 
appropriate both to the level of measurement of the 
variables and to the sampling design of the study. 
The appropriate unit of analysis for the central 
questions in this retrospective study was the 
matched pairs that constituted the sample rather 
than individual subjects. Thus, for example, the 
major question regarding differences in the pres- 
ence or absence of violence against mothers of case 
children and control children was addressed using 
McNemar's test with a continuity correction. 
Where the variable being considered was at least 
interval level, as in the comparison between cases 
and controls regarding maternal age, a paired t test 
was used. 

RESULTS 

The child's record served as the basis for selection 
of control children's records. They were matched 



ABUSED CHILDREN'S MOTHERS 



\ 



j sex, age, race, socioeconomic status, and time 
oi emergency room visit. The matching variables 
are compared in Table 1. 

All control children were seen in the pediatric 
emergency room within 1 month of their target case 
child's visit. The criteria for matching were ade- 
quately met. Characteristics of case mothers and 
control mothers are compared in Table 2. 

Although case mothers were somewhat younger 
•an control mothers, the difference was not statis- 
jally significant (paired r = -1.83, P = .08). Sim- 
ilarly, although case mothers were twice as likely 

TABLE 1. Case and Control Children Variables That 
Served as the Basis for Matching 





Cases 


Control 




Children 


Children 


Sex (No. [%]) 






Male 


15 (46.9) 


15 (46.9) 


Female 


17 (53.1) 


17 (53.1) 


Mean 


7.04 y 


. 6.89 y 


Range 


6 mo-17 y 


3 mo-16 y 


Race/ethnicity (No. [%]) 






Black 


23 (71.9) 




Hispanic 


7 (21.9) 




White 


2 (6.3) 




Health coverage (No. [%]) 






Medicaid 


25 (78.1) 


25 (80.6) 


Blue Cross/Blue Shield 


2 (6.3) 


4 (12.9) 


Private 


3 (9.4) 


1 (3.2) 


Health maintenance 


2 (6.3) 


1 (3.2) 


organization 






TABLE 2. Case and Control Mother Variables 




Case 


Control 




Mothers 


Mothers 


Employment status 






(No. [%)) 






Unemployed 


22 (68.7) 


28 (87.5) 


Employed 


10 (31.3) 


4 (12.5) 


Age (y) 






Mean 


28.81 


31.25 


Range 


17-46 


17-51 


Marital status (No. [%]) 






Married 


6 (19.4) 


14 (45.2) 


Single 


25 (80.6) 


17 (54.3) 


Other children (No.) 






Mean 


1.28 


0.56 


Range 


0-4 


0-3 



to be employed than control mothers, the difference 
again was not significant (McNemar's test, x 2 = 
3.125). Case and control mothers did differ signifi- 
cantly, however, on marital status and parity. Fewer 
than one of five case mothers were married (19.4%) 
in comparison to nearly half of the control mothers 
(45.2%) (McNemar's test, x 2 ■ 4.083, P < .05). 
Similarly, case mothers had more children (1.28 vs 
0.56 children); the difference was significant (paired 
t = 2.70, P = .011). 

The central focus of this study was the relation- 
ship between child abuse and violence against 
mothers in mother-child pairs where a protective 
report was filed on behalf of the child at an emer- 
gency room visit. The cross-tabulation of maternal 
victimization categories for case and control pairs 
is given in Table 3. The marginal totals indicate 
that case pairs were far more likely to be classified 
in the suggestive and diagnostic categories (37.5% 
and 21.8%, respectively) than were the control pairs 
(9.4% and 3.1%, respectively). 

This scale of violence against mothers, however, 
is not really ordinal. The amount of violence within 
the suggestive category may have been greater than 
within the diagnostic category; the difference was 
that a perpetrator was identified in the latter and 
not in the former. Thus, there were alternative 
methods for collapsing the table, depending upon 
emphasis. 

A cross-tabulation of dichotomized maternal vic- 
timization categories that identify the mother as 
victim, disregarding the identity of the perpetrator 
and his relationship to the mother, is presented in 
Table 4. Thus, the diagnostic and suggestive cate- 
gories were pooled, and relationship problems and 
nonsuggestive categories were pooled. 

The case pairs were far more likely to be victims 
of violence than were the control pairs (59.4% vs 
12.5%, respectively). One of eight control mothers 
were victims of violence, an impressive prevalence, 
and nearly three of five case mothers were victim- 
ized. The difference was highly significant (Mc- 
Nemar's test, x 2 = 11-53, P < .001). 

The difference between case and control pairs 
with respect to the victim of violence dichotomy as 
shown in Table 4 was striking. The result requires 



TABLE 3. Cross-Tabulation of Victimization Categories for Case and Control Mothers 
(Full Categorization) 



Case Category 




Control Category 








Non- 
suggestive 


Relationship 
Problems 


Suggestive 


Diagnostic 


Total No. 


Nonsuggestive 
Relationship problems 
Suggestive 
Diagnostic 


6 
5 
9 

5 


1 


1 
1 




2 

1 


1 





8 (25.0) 

0(15.6) 

12 (37.5) 

7 (21.8) 












ARTICLES 



-1 S2- 



TABLE 4. Cross-Tabulation of Victimization Cate- 
gories for Case and Control Mothers (Mother as Victim 
Dichotomy) 



Case Category 




Control Category 




Victim 


Nonvictim Total No. (%) 


Victim 
Nonvictim 


3 

1 


16 19 (59.4) 
12 13 (40.6) 



•The percentages for victims and nonvictims in the 
control category are 12.5 and 87.5, respectively. 

no elaboration with respect to the child-focused 
variables that served as the basis for case and 
control selection. Nevertheless, given the differ- 
ences between case and control pairs on mother- 
level variables (viz, number of other children, ma- 
ternal age, and marital status), this difference needs 
to be examined in more detail. 

A significant difference was noted earlier between 
case mothers and control mothers with respect to 
the number of other children. A one-way analysis 
of variance was performed on the case data to 
evaluate the relationship between this variable and 
maternal victimization. The analysis revealed no 
overall significance when using the full four-cate- 
gory victimization scale. However, case mothers 
categorized as suggestive and diagnostic victims of 
violence had more children than did mothers in the 
other two categories. The dichotomized violence 
scheme was employed and a t test was used to 
compare victims of violence (mean 1.47 children) 
with nonvictims (mean = 1.00 children); the differ- 
ence was not significant (t = 1.158). 

A significant difference was also noted earlier in 
the ages of case and control mothers. An analysis 
was conducted of case data to determine whether 
within that group any relationship existed between 
maternal victimization and maternal age. Again, 
the overall differences using all four violence cate- 
gories were not statistically significant. However, 
victimized case mothers appeared somewhat older 
than nonvictimized mothers. A t test on the dicho- 
tomized grouping indicated that victimized case 
mothers (mean age 30.84 years) were significantly 
older than nonvictimized case mothers (mean age 
25.85 years) (t = 2.213, P = .034). For control 
mothers, no differences in age were found. 

Marital status, as well, demonstrated a signifi- 
cant relationship to case-control status. The case 
data were analyzed to test whether or not a rela- 
tionship existed between victimization and marital 
status. The results appear in Table 5. Whereas 
16.7% of married case mothers were victims of 
violence, 68.0% of single case mothers were victims, 
more than four times the rate (x 2 = 5.236, P = 
.022). 

A similar analysis was conducted for control 
mothers. Although the number of control mothers 



TABLE 5. Victimization and Marital Status of Mothers 
of Abused Children 


Child 


Mother's 


Marital Status 




Married 


Single 


Victim 
(No. [%}) 
Nonvictim 
(No. {%}) 


1 (16.7) 
5 (83.3) 


17 (68) 
8(32) 



who were victims of violence was small, the results 
were consistent with the case data. Fewer than one 
in four single control mothers was a victim of 
violence, although all four victims were single; none 
of the married control mothers were victims (Fish- 
er's exact test [one-tail], P = .076). 

Given the original focus of this study and the 
relationship between marital status and victimiza- 
tion, an analysis was performed limited to case- 
control pairs of the same marital status. In this 
subsample, case pairs were again far more likely to 
be victims of violence than were control pairs 
(66.7% vs 22.2%, respectively). Six of nine mothers 
of case children were victimized, in comparison to 
two of nine mothers of control children. The differ- 
ence was again significant (McNemar's test, x 2 = 
4.90, P < .05). 



DISCUSSION 

The 59.4% concurrence of maternal victimization 
and child abuse in this study is impressive and 
worrisome. The findings exceed previous estimates 
in the literature. 

Stark et al 10 reviewed the medical records of 
mothers of children referred to a child protective 
team at Yale-New Haven Hospital during 1 year 
without restriction to emergency room visits. Their 
"positive" and "probable" groups were defined sim- 
ilarly to our categories of diagnostic and suggestive, 
respectively. In their study, these two groups ac- 
counted for 41% of the cases of victimization. Their 
positive group, in a manner similar to our own 
diagnostic group, accounted for approximately 25% 
of the cases; in our own, the result was 23%. How- 
ever, our suggestive group was more than double 
their probable group (40% vs 16%, respectively). 
Our finding of three times the amount of violent 
marital conflict may signify greater risk for the 
Boston mothers, assuming that health care pro- 
viders in both locations are similarly documenting 
these issues. This comparison suggests that trau- 
matized children visiting inner-city emergency 
rooms are at high risk for exposure to violence 
against their mothers. 

Pascoe et al 11 reviewed records of children who 
were referred to a child-protection team in North 



ABUSED CHILDREN'S MOTHERS 



-153- 



^ 



iroiina during a 2 -year period, where a majority 
of families were rural. Their results revealed a 
higher prevalence of wife abuse in women with 
multiple pregnancies and in alcoholic families. 
Overall, they found a 40% prevalence of wife abuse 
when the child's records were supplemented with 
information from social workers involved with the 
cases. The authors suggested that this rate was high 
partly on the basis that the social workers were 
attuned to family violence issues. 

As a corollary, Flitcraft and Stark's probable and 
our suggestive groups may also be composed of 
women abused by male partners; but their medical 
records may not document the abuse sufficiently. 
Many health care providers have insufficient 
knowledge and understanding of family violence 13 
and many victims seek medical care with nontrau- 
matic complaints. 14 

The finding of an association between maternal 
victimization and single marital status corroborates 
the findings of Goldberg and Tomlanovich. 14 They 
demonstrated an increased risk of spouse abuse in 
unmarried women. 

More research concerning the convergence of 
child abuse and spouse abuse would appear urgently 
to be needed From so few published data, nearly 
all composed principally of families in poverty, little 
can be confidently generalized. Nor are any of the 
reports able sufficiently to probe the kinds of infor- 
mation about family life that would be most useful 
to practitioners: information concerning the child: 
medical and developmental history and present sta- 
tus, handicapping conditions, quality of relation- 
ships to care givers; information concerning the 
mother medical and psychologic history and pre- 
sent status, family and social history including vic- 
timization, perceptions of people and institutions 
who may have tried to help her, history of the 
spousal relationship and the priority and meaning 
of the abused child; information concerning the 
abuser(s): medical and psychologic history and pre- 
sent status, family and social history including vic- 
timization, history of previous relationships with 
women and children, educational and employment 
status, use and abuse of psychoactive substances. 

To address the problem of child and spouse abuse 
in clinical practice, we recommend the wider use of 
domestic violence protocols in adult and pediatric 
medical care. The systematic collection of data and 
engagement of protective interventions should in- 
clude both children and their mothers. 

Emergency room staff should be equipped with 
basic knowledge of the legal rights of domestic 
violence victims and their roles as legally mandated 
reporters of child abuse and neglect. In addition, 
they should be advised to document their profes- 
sional interactions fully. 



CONCLUSION 

The striking overlap in this study between the 
victimization of children and their mothers suggests 
a need for a serious redefinition of both problems, 
focusing on violence in the family. Such a family - 
level conceptualization may be difficult to bring 
about in today's environment of specialized services 
and smaller human service budgets. But we beiieve 
that certain steps can be taken. Just as the staff of 
pediatric emergency rooms can take the time, pur- 
sue the training, and advocate for increased access 
to services to contend with the realities of mothers' 
lives, so may the professionals who hear mothers' 
complaints, from physicians, nurses, to battered 
women's shelter workers, begin systematically to 
consider the safety and welfare of their offspring. 



ACKNOWLEDGMENTS 

This work was supported, in part, by grants from the 
National Center on Child Abuse and Neglect (90-CA- 
1184) and the National Institute of Mental Health (5 
T32 MH18265). 

We thank Robert M. Reece, MD, for helpful support 
in the formulation and conduct of the research. 



REFERENCES 

1. Kempe CH, Silverman F. Steele B. Droegemueiler W, Silver 
H. The battered child syndrome. JAMA. 1962:181:17-24 

2. Newberger EH. Bourne R. The medicalization and legali- 
zation oi child abuse. Am J Orthopsychiatry 1978:48:593- 
607 

3. Straus MA, Gelles RJ. Steinmetz SK. Behind Closed Doors: 
Violence in the American Family. New York. NY: Anchor 
Press: 1980 

4. Kaufman J, Zigler E. Do abused children become abusive 
parents? Am J Orthopsychiatry. 1980:57:186-192 

5. Nelson KG. The innocent bystander: the child as unintended 
victim of domestic violence involving deadly weapons. Pe- 
diatrics. 1984:73:251-252 

6. Jaffe P, Wolfe D, Wilson S. Zak L. Similarities in behavioral 
and social maladjustment among child victims and witnesses 
to family violence. Am J Orthopsychiatry. 1986:56:142-146 

7. Jaffe P, Wolfe D. Wilson S. Zak L. Children of battered 
women: the relation of child behavior to family violence and 
maternal stress. J Consul Clin PsychoL 1985:53:657-665 

8. Hershom M. Rosenbaum A. Children of marital violence: a 
closer look at the unintended victims. Am J Orthopsychiatry 
1985:55:260-266 

9. Elbow M. Children of violent marriages: the forgotten vic- 
tims. Soc Casework. 1982:63:465-471 

10. Stark E. Flitcraft A. Women and children at risk: a feminist 
perspective on child abuse. Int J Health Services. 1988: 
18:97-118 

11. Pascoe J, Hebbert V, Perl T. Loda F. Violence in North 
Carolina families referred to a child protection team. NC 
Med J 1981:42:35-37 

12. Fleiss JL. Statistical Methods for Rates ana Proportions 
New York. NY: John Wiley & Sons: 1981 

13. Snyder JC. Newberger EH. Consensus and differences 
among hospital professionals in evaluating child maltreat- 
ment. Violence Victims 1986:1:125-139 

14. Goldberg WG, Tomlanovich MC. Domestic violence victims 
in the emergency department: new findings. JAMA 
1984:251:3259-3264 



ARTICLES 



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August 1992 




A Monthly Newsletter Dedicated to the Continuing Education of Professionals in the Field of Interpersonal Violence 



FEATURE 

Impact of 

Spouse Abuse 

on Children 

of Battered 

Women 

Implications 
for Practice 

by Honore M. Hughes 

Saint Louis University 




iterature regarding children of bat- 
tered women is sparse, with the results 
from research primarily accumulated 
over the last 10 years. Many people do 
not realize that when spouse abuse occurs in a 
family, the children are also very likely to be 
negatively affected. The most accurate description 
of these unwilling observers — the "unintentional 
victims" — is that they are emotionally abused. Re- 
cently, critiques and summaries of this area have 
begun to appear, and much of the following article 
is based on two reviews by Hughes (1,2). 

At this time, investigations in this area have 
progressed beyond the descriptive and clinical an- 
ecdote stage. Researchers working actively in this 
area are using standardized instruments and appro- 
priate comparison groups. However, the samples 
of families studied have been mostly limited to 
low-income families and to those who sought 
refuge from violence at shelters for battered 
women or who have requested treatment for 
marital violence. 

Prevalence 

To briefly review, researchers' best estimates 
regarding the prevalence of spouse abuse range 
from 10% to 30% of couples. Even with the most 
conservative estimates, 10% to 15%, it is clear that 
a substantial number of children live in violent 
homes. When investigators ask women who have 
been beaten where their children are while they are 
being assaulted, in 90% of the cases the children 
are either in the same room or in the next room. 

Impact 

Although the data base regarding the impact of 
observing spouse abuse is relatively small, there is 
sufficient evidence to state that for children, being 
exposed to parental violence is a traumatic experi- 
ence. On standardized behavior problem check- 
lists, mothers describe high levels of problematic 



Author i Note: Please address requests for copies to Honore M 
Hughes, Saint Louis University, Department of Psychology. 221 
North Grand Boulevard. St. Louis. MO 63103 



behavior in their children. Consistent differences 
between children of battered women and compar- 
ison children in both internalizing (e.g., depressed, 
anxious) and externalizing (e.g., aggressive, dis- 




i lir this issue;;. 

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obedient) behaviors have been found, with both 
behavioral and emotional problems significantly 
higher in the children of battered women. Other 
difficulties that have been reported include (a) an 
increase in somatic symptoms, (b) lower cognitive 
skills and school achievement, (c) difficulties with 
social problem solving, and (d) tendencies to be 
more external in locus of control. 

Focusing more on personality development, cli- 
nicians have also discussed the disruption that 
occurs in personality development when develop- 
mental stages are interrupted by violence in the 
family. For many, Erik Erickson's psychosocial 
stages of personality development have been help- 
ful in understanding the problems experienced by 
violent families. His first and most basic stage, that 
related to the development of trust in other people, 
is the one most frequently mentioned by clinicians 
as being disrupted by family violence. 

Severity of Impact 

Other than high mean scores, another way to 
examine the impact of spouse abuse on the children 
is to look at the proportion of children who are 
reported to exhibit more severe difficulties, prob- 
lems that are beyond those of the normative group 
for the measure. The Child Behavior Checklist 
(CBCL), one of the most commonly used instru- 
ments, provides T-scores and percentiles for age 

Please see page 9 



August 1992 



VIOLENCE UPDATE 



Feature 



Continued from page 1 



and gender; thus shelter children can be compared 
with the normative sample on extent of problems. 

Several researchers have investigated the per- 
centage of children in shelter samples who have 
CBCL scores above the cutoffs that indicate a need 
for clinical services. Depending on the gender of 
the child, the type of violence experienced, and the 
T-score used as the cutoff, the percentages reported 
indicate that from 25% to 65% of shelter children 
receive scores above that clinical level. On the 
average, approximately 35% to 45% of shelter 
children fall above that cutoff. 

Mediating Variables 

In terms of factors that influence the psycholog- 
ical adjustment of individual children, investiga- 
tors in this area have stressed the importance of 
identifying variables that mediate the impact of 
domestic violence on the children. The list of po- 
tential mediators has been adapted from a number 
of sources (1, 2) and includes both child and situa- 
tional/contextual factors (see box). The variables 
that have received the most in-depth examination 
are past experience with violence, and gender. 

Type of Violence Experienced 

Researchers in the area of family violence have 
quite consistently found that the co-occurrence of 
different types of violence is rather high, with 
estimates in the 40% to 60% range. As an example, 
available evidence from shelters and treatment pro- 
grams indicates that 50% to 60% of the observers of 
domestic violence have also been physically abused 
themselves. Thus, in violent homes, chances are 
about 1 in 2 that if child abuse is present, spouse abuse 
is also likely to be occurring, and vice versa 

Based on research I conducted, results indicate 
that past experience with different types of vio- 
lence does seem to make a difference in psycho- 
logical adjustment: The more types of violence 
children are exposed to, the less well adjusted they 
will be. Thus type of violence experienced seems to 
be an important mediator in children's adjustment 

Gender 

A differential impact on the psychological ad- 
justment of children in shelters based on gender 
seems to appear in a manner that is inconsistent 
with previous literature on influences of gender on 
psychopathology. Most researchers in this area 
find that both shelter boys and shelter girls receive 
high mean scores on both internalizing and exter- 
nalizing behaviors. Moreover, when severity of 
impact is investigated using clinical level cutoffs 
based on those same behaviors, again both boys 
and girls are high on both types of problems. It is 
interesting to note that this pattern is contrary to the 
traditional gender-role-related pattern of behavior 

-157- 



problems, wherein boys showed externalizin 
type — and girls exhibited internalizing-type 
difficulties. 

Mechanisms by Which Conflict Exerts an Impact 

In terms of a framework for understanding t 
impact of spouse abuse on children and the infl 
ence of mediating variables, my adaptation of Gry 
and Fincham's (3) discussion of marital confl 
and children's adjustment suggests that we lo 
at direct and indirect mechanisms. Under din 
mechanisms fall (a) modeling of aggressivem 
and (b) stress in the family. 

Regarding the fact that both boys and girls exhi 
internalizing and externalizing symptoms, the i 
gressiveness on the part of both genders likely 1 
been acquired through modeling. Their fathers ; 
strong, powerful models who obtain what they w; 
through aggressiveness. In contrast, the childre; 
anxiety and depressive-type symptoms are apt 
be a result of the stress the children feel from t 
spouse abuse. Jaffe, Wolfe, and Wilson (4) po 
out that many of the signs of distress in children 
battered women are very similar to posttrauma 
stress disorder (PTSD) symptoms. 

Indirect mechanisms of influence include I 
characteristics of the parent-child relationship (I 
example, quality of attachment or emotional ava 
ability) and (b) disciplinary practices (e.g., the 
that are exceedingly negative, harsh, inconsiste 
and so on). Related to the former, the parent-ch 
relationship can be influenced by many factors, t 
one of the most important is the mental health 
the mother. A common effect of being beaten 
depression, with the result being that the abus 
woman is often emotionally unavailable. Thus t 
quality of attachment and the parent-child relatic 
ship are at risk for being negatively affected. 

The second indirect mechanism of influen 
concerns disciplinary practices. Again, many va 
ables can enter into this equation, depending on t 
length of time there has been physical violen 
between the parents, whether violence has be 
directed at the child, how much parenting is do 
by either parent, and the effectiveness of the p; 
enting. Inadequate parenting in the form of ve 
inconsistent and/or harsh discipline puts childr 
at especially high-risk for behavioral and em 
tional problems. 

Research Questions 

Because so little empirical research has be 
conducted with children of battered women, the 
are multiple subareas that need extensive inves 
gation. It is clear that, in addition to searching I 
variables that mediate the impact, empirically te 
ing the proposed model for the mechanisms 
influence, and studying more diverse samples, t 



Feature... 



Continued 



major task for researchers is to examine the effec- 
tiveness of different treatment approaches. 

Intervention with children of battered women is 
the area in which there is probably the smallest 
amount of literature available. Most of the infor- 
mation is based on clinical experience; therefore 
we have little empirically tested information to 
guide our clinical work. The few interventions that 
have been published have assessed outcome infor- 
mally, although the results look promising. More 
types of treatment, including crisis intervention, 
need to be evaluated, and in a more formal, stan- 
dardized manner. 

Several clinical descriptions of interventions 
have been published (e.g., 4), with the majority of 
them developed for school-age children using a 
time-limited group format. Jaffe et al. have infor- 
mally evaluated their group approach from the 
children's, mothers', and clinicians' perspectives 
and recommended it as appropriate for mild prob- 
lems. In addition, they suggested the group be used 




'^r 



1 . Srx>use abuseis emotional/psychological abuse to observers. Don *t overlook 
JthediUdr^U;^^^p^vf "^'-vr- \ ^^W^ 'Wt~F&^J8&% 
r2 t The more types of violence a; child is exposed to, the worse the child's 

psychological adjustment is likely to be. J ; > - < 

3. Ask about the presence of violence in the homes of your clients and attend 
to the response. Provide information about safety and shelters if necessary. 

4. Behavioral/emotional difficulties that we see most frequently are aggres- 
siveness and anxiety among both boys and girls. ' ■> 

^'Intervene by .actively disapproving of the use of violence and by teaching 
children new. interpersonal and problem-solving skills. . 



as a general educational format for any child who 
has been exposed to parental violence. 

Some of the issues covered in the gToups include 
(a) labeling feelings, (b) dealing with anger, (c) safety 
skills, (d) social support, (e) social competence and 
self-concept, (f) responsibility for parent/violence, 
(g) understanding family violence, and (h) wishes 
about family (see 4 and 5 for more details). 

Implications for Practice 

Child- and Parent-Focused Intervention 

When we see any member of a family in our 
centers or clinics, the most important thing to do is 
to ask about violence between the adult partners. 
Our acknowledgment of the possibility of violence 
conveys to a mother that this experience is impor- 
tant to discuss and has a detrimental impact on her 
children as well as on her. 

As clinicians, we need to be advocates for the 
child and mother. Put the family in touch with 
domestic violence projects or social workers if 
necessary. In addition, work with teachers and the 
school. Basically, help the woman to do what needs 



Mediating Variables* 

1. Child factors 

temperament, self-esteem, cognitive abilities, coping 
abilities, attributional style, gender, age, cognitive 
^developmental abilities ". 

2. Si tuarional/con textual factors " ^. 

(a) more or less stable factors related to the child (e.g., 
past experience with violence, perceived emotional 
-climate of the family) 

i (b) marital conflict factors (e. g. frequency, intensity, 




^W^jt^^onr(Gry^ ArTinchiin;-;] 99pV Hughes et'ai:;" 
*19?J ; Hu^es^SrFanUczo; m JHWs; Moore &/Pepler£l .9™ 



A1990., 



to be done to stop the violence and keep herself and 
her children safe. 

Child Focus 

Research findings indicate that we must inter- 
vene with both behavioral difficulties (especially 
aggressiveness) and emotional problems (e.g., de- 
pression, anxiety, other PTSD-type symptoms). Em- 
pirical evidence from other areas of family violence 
suggests that intervention with aggressiveness is a 
major priority; one important and effective ap- 
proach to treating aggressiveness is teaching anger 
control (e.g., 6). In addition, children of battered 
women often show difficulties in social problem 
solving. Improving those abilities would be help- 
ful, as this would allow the children an opportunity 
to establish peer support systems. Teaching chil- 
dren how to get along better with peers, along with 
enhancing their empathy skills, has the additional 
benefit of reducing aggressiveness as well (5). 

We must also attend to the emotional symptoms 
in both girls and boys. Research suggests that a 
cognitive-behavioral approach to treating both 
anxious and depressive symptoms would be help- 
ful. Treat negative cognitive errors and other char- 
acteristic thought patterns that seem to be 
conducive to depression (e.g., attributions and locus 
of control). Working on the skills deficits that are 
seen in the areas of social problem solving can also 
help with low self-esteem and feelings of lack of 
competence. Play therapy (either nondirective or 
more focused) to deal with interpersonal and intra- 
personal issues is also likely to be beneficial (7). 

In addition, consider intervention for academic 
deficits as well as behavior problems. Success with 
school can be a strengthening and buffering expe- 
rience for the children. 

Parent Focus 

Research from other areas of family violence 
and the model presented here suggests that we need 



-158- 



Violence UpDate 
Board of Governors 

Editor 

ION IL CONTK Ph.D . IM~. of 



WnOtmonm 

Associate Editors 

JOHN E- B MYERS. JX>. McG~rj, U+-* of 
U«- DAN SEXTON. ChildHelp. USA. Lai 



Board ot Governors 

SHARON ARAJL PhX»_ Umwrwrrof 

* i« U mmm m mjfi JUDITH BECKER. HOD . 

*» Mm* A»» hjriw nc Jmimm. *TC LUCY 
BERLINER. MS W, Hmremmem ttamtat 
Ourn Saaair; BENNETT BRAUN. M.D. S/ 
iatrt fwe fc iTy ftet. Ow.,., XMfN 
BRIERE. rh_D, C—B tCC "-Y-rnf Canter. 
1st Aafeaa: ANN BURGESS. Ph.D_ Uanermij 
of faun Nmr m mg: JAMES CAVANAUGH. 
MX), Si L-i. ■« MkHm< Cawrr. On|c. 
DAVn CHADWICK. MP, QjM— > Wo»puaZ, 
Sa* Dwya; ANN H. COHN. D PH. ■'■mil' 
Cmmm. for Pm mat i of Child Amuu. Chtcato: 

DAVID 1_ GOR WIN. MX). MteafcM/«m 

i<» i> » m a«tnrr HOWARD DAVIDSON. 

IP, aba G— r jW CMM— w aw t— •; JEFF 
EDLESON. PhX). Lkwnwmyof 
ttmmmtt Social Work: CHARLES F1GLEY. 
HlPu Soxunyfor 7mm ■■lie iwa J i ^ i n . 
ftartaa Star* Uanvranr; DAVID FINKELHOR. 
Ph-D- AaataV lUm Maamtch Prorrwm. 
Unmmuy of New Htm m tkm c WILLI AM 
FRTEDRK3L PhX). Jtew Ci-«-— /Wfaaofr 
Ocpr . ROBERT OEFFNER. Ph.D. Umtrentrr of 
Itxat at Tyiei •ndmlumyi RICHARD 
GELLES. PhX). Dean of Am and Sciences. 
Umvemr, of Ml: BARBARA HART. Euj. . fmmma 
Cmmtmmm Aroma ft— fc Maimer; RAY 
HELPER. MJ>> Miemeon State 
Uamammy Ha ama Medicine: MARY KOSS. 
Ph. D . Um n r mn mfAntmna Medical Canter; 
RICHARD KRUGMAN. MX). C ««» feaa* 
MmcmI Camrr; HOWARD LEVY. MX), All 
Smwi Hotvuol Meduml Canter— fedmnct. 
Oucaeo: KEB MacFARLANE. Children t 
mttmum liiimiml Lm Angeles: NEIL 
MALAMUTH. FhX>„ £/CH fr-nmriiiaaiiii 
Status: MARY MEIN1C. MS*. S-u/h. 
McuHf. A Aodc Seamt: GARY MELTON. 
PhX). UmrermnofNeOroiko— Prrcboiofr: EU 
NEWBERGER, MX). Marwanrf Medical School: 
KIM OATES. MX)., Jurmanaaa/ Society for the 
freronuon of Child Amuse, S«i«x Aaaraba; 
ROBERT PRENTK Y. W«w £njtom/ Farouir 
Aaarauu. ArfMrawi. MA: FRANK PUTNAM. 
MX). Wnm i l h um m m of Mental Health, 
bethtsdo: VERN QUINSEY. PhX>„ Queen 1 
l/ wmiiw - firtr hoto t r. Kmgston, Canada: 
REBECCA ROE. St. Pn». *«, Cmi* 
A«omrr s Office. Smote: ANNA SALTER. 
PhX) . Dnw* afariicaf Smao/; BEN 
SAUNDERS. PhX). Cnaw Moans Ccmvc 
Charttfom. SC DAN SAUNDERS. PhX). 
Outtcoi Stawctt Camt Uanortnt Hospital. 
Moduan. Wl; SUSAN SCHECHTER. MS. W.. 
Ouidm 1 HotpuaL boston. The Hoc SANDRA 
SMITH. 2«rf Fioor Mammal Court. Stockton. 
CA. JOYCE THOMAS. MPJL. Canttrfor Child 
frmrcnom and Family Summon. Wothmtion. DC: 
RICHARD TOLMAN. PhX). Untrmay of 
llkmou at Ch w at o Schoo l of Social Work: 
PATTY TOTH. J X) . Nananal Connrfor 
Pmttcmnon of Child Amat. Alexandria. VA: 
ECKFORD VOTT. Ph.D. National Inmuutt of 
Mental Hoamh, tmcknIU. MO: LENORE 
WALKER. PhX).. Walker m AsmKUuei. Denver: 
DAVID WOLFE. PhXt. Unnenmy of W 
Ontario. London. Canada: REIN HART WOLFF. 
PhX). G o— m y GAIL WYATT. PhX).. 
H m mm m * m mmn\e mmtmoe. Canter for Health 
Servtcou LmtAneeiex: KERSTI YLLO. PhX), 
WkeammCaiieee, Norton, MA 



to focus on parcntin." in iwo ways. One is to help a 
mother decrease her discipline problems. She can 
be a much more adequate parent with more effecuve 
discipline, and she will feel empowered by her effec- 
tiveness in her role as a mother. Second, we need to 
attend to and treat women's depression. Doing so will 
also improve a mother's ability to be attached to her 
children and meet their emotional needs. 

Comprehensive, Extensive Approach 

It is important to remember that effective treat- 
ment needs to be extensive, that is, lasting long 
enough to have an impact. With physically abusive 
families, research suggests that comprehensive (i.e., 
both child- and mother-focused) intcrvenuon lasting 
from 7-18 months after the violence has ended is 
necessary. Follow-up contacts — perhaps monthly — 
after the intensive intervention can be very effective. 

Health Care Professionals 

Intervention from health care professionals can 
be extremely beneficial to the children and their 
families. Several studies indicate that a battered 
woman is most likely to seek help from the medical 
community, whether it is from her physician, pedi- 
atrician, or a hospital's emergency room. Often, 
depending on her financial and emotional re- 
sources, her first attempt to obtain help is from the 
ER. An informed physician or nurse can be very 
effective in assisting the children. Many good rec- 
ommendations are contained in an article by Wildin, 
Williamson, and Wilson (8). Essentially, they urge 
that the health care person ask about violence in the 
family and respond to the woman's answers. With 



the children, acknowledge how scary violence 
and give the woman information about how to kec: 
safe. If a referral seems to be in order, refer tr. 
family to a social worker rather than a psychiains 

D5 1 



Primary Sources 

1. Hughes. H. M. (in press). Research concerning 
children of battered women: Clinical and policy im- 
plications. In R. GefTner &. P. Lund berg -Love (Eds. 
Research and treatment in family violence: Practical 
implications. New York: Haworth. 

2. Hughes. H. M.. &. Famuzzo. J. (in press) Family 
violence: Child. In R. T. Arnrnerman, M. Hersen. andL 
Sisson (Eds.), handbook of aggressive and destrvam 
behavior in psychiatric patients. New York: Plenum 

3. Grych, J. R, & Fincham. F. D. ( 1 990). Marital conflict 
and children's adjustment: A cognitive -contextual ap- 
proach. Psychological Bulletin, 108. 267-290. 

4. JafTc, P. G.. Wolfe. D. A.. & Wilson, S. K. (1990) 
Children of battered women. Newbury Park. CA: Sage. 

5. Rosenberg. M. S., & Rossman. B.B.R. (1990) The 
child witness to marital violence. In R.T. Ammeiman & 
M. Hersen (Eds.). Treatment of family violence (pp. 1 83- 
210). New York: Wiley. 

6. Feindler, E. L., & Ecton. R. B. (1986). Anger 
control with adolescents. Elmsford, NJ: Pergamon 

7. Gil. E. (1991). The healing power of play: Working 
with abused children. New York: Guilford. 

8. Wildin, S. R., Wiluamson. W D„ & Wilson. G. S. 
(1991). Children of battered women: Developmental 
and learning profiles. Clinical Pediatrics. 30. 299-304. 

(A full Itsi of related references 
may be obtained by writing to the publisher) 



-159- 



Sup-pteTnentaC Materials 




SCOTT HARSHBARGER 
ATTORNEY GENERAL 



SSoa/cuv, <y^s£ 02408-4698 



(617)7272200 Domestic Violence Facts 

* In Massachusetts, on average, a woman was killed by her 
batterer every 22 days in 1990, every 16 days in 1991, every 9 
days in April, 1992, and as of September 1992, every 5 days 
(Massachusetts Department of Public Health) . 

* National surveys indicate that at least 2 million women per 
year are severely assaulted by their male partner (Straus and 
Gelles, 1990). 

* From 1976 through 1987, the deaths of approximately 38,648 
people over the age of 15 resulted from one partner killing 
another. Of these deaths 61% of the victims were women killed 
by their husbands or boyfriend, and 39% were men killed by 
women partners (Browne and Williams, in press). 

* In a national survey over half of the males who were violent 
toward female partners also abused their children (Finkelhor, 
et al. , 1983) . 

* In the United States women are more at risk to be assaulted 
and injured, raped, or killed by a current or ex-male partner 
than by all types of assailants combined (Finkelhor and Yllo, 
1985; Browne and Williams, 1989). 

* Abused women make up approximately 22 - 35% of women 
presenting with injury to hospital emergency rooms (Randall, 
1990) . 

* Police in Massachusetts estimate that 40 - 60% of their calls 
involve family violence (C.J.T.C. Domestic Violence Manual, 
1986) . 

* About 3 million children each year witness abuse of one parent 
by another (Robert S. Pynoos, M.D., U.C.L.A. School of 
Medicine) . 

* Violence by intimate partners is the leading cause of injury 
for women, "responsible for more injuries than car crashes, 
rape, and muggings combined" (Centers for Disease Control). 

* Abuse of pregnant women is the leading cause of birth defects 
and infant mortality (March of Dimes study). 

* In Norfolk and Walpole prisons, at least 80% of the inmates 
have been victims of or witness to family violence (Department 
of Social Services) . 



-160 " 




MASSACHUSETTS COALITION OF BATTERED WOMEN SERVICE GROUPS 

107 South Street (Sth floor), Boston, Massachusetts 02111 (617) 426-6492 



MEMBER PROGRAMS 

Alternative House 
Lowell 

A Stlf Putrt 

Nantucket 

Cut Myma Vazquez, Int. and 
Mary l*w*on Foreman Home 
ofCMW 

Boston and Dorchester 

Daybreak 

Worcester 

□tzabeth Slone House 
Jamaica Plain 

F.I.N.E.X. House 

Dorchester 

Harbor Me 

Chelsea 

HAWC - Help tor Abused 
Women aad Their Children 
Salem 

Independence House 
Hyannis 

Nectarines/ Necesidadcs 
Northampton 

NELCWiT ■ New England 
Leamiaf Center (or Women 
In Transition 
Greenfield 

New Bedford Women's Center 
Battered Women Project 

New Bedford 

New Hope. lac. 

Attleboro. Taunton. Norwood 

Renewal House 
Boston 

Respond 

Somervtlle 

Sonlh Snore Women's Center 
Plymouth 

Transition Hoase 

Cambrtdee 

Wallkam Battered Women 
Sappon Committee 
WaJtham 

Womansptare 

Brockton 

Womans heller/Com paneras 
Holvoke 

Women's Crtee. Center 
ol Greater Newhurypon 

Newburyport 

Women's Resource Center 

Lawrence. Haverhill 

Women's Resources 
Fnchburg. Gardner 

Women's Service-. Center 
Piltjfield 

Women's Support Services 
Manna's Vmevard 

YWCA's of Western 

Massachusetts 

Arch ■ Springfield 

New Beginmnrs - Westfield 



A STATE OF EMERGENCY EXISTS FOR BATTERED WOMEN 

A Historical Overview 



In 1989 

A WOMAN WAS MURDERED, ALLEGEDLY, AS A RESULT OF 
DOMESTIC VIOLENCE, EVERY 22 DAYS IN MASSACHUSETTS .. 



BATTERED WOMEN'S PROGRAMS: (l.) 

Received 54,769 hotline calls 

Sheltered 2,029 women; accompanied by 

3,173 at-risk children 
Provided 12,714 battered women individual or group peer support services 
Assisted 6,641 women in obtaining necessary protection from the Courts 



WHEN STATE FUNDING WAS CUT FROM $5.4 MILLION TO $4.8 MILLION 
THE ADVOCACY COMMUNITY WARNED THAT MORE WOMEN 

WOULD DIE... 

In 1990 

STATE FUNDING REMAINED LEVEL AT $4.8 MILLION 

A deepening recession and an erosion of the Commonwealth's safety net of supportive 
services made it more and more difficult for advocates to educate and empower battered 
women to develop safety plans (see #4) to protect themselves and to rebuild their lives 

free from on-going abuse. 

BATTERED WOMEN'S PROGRAMS: (2.) 

Received 68, 199 hotline calls 

Sheltered 2,013 women; accompanied by 

3,097 at-risk children 
Provided 12,074 battered women with individual and group peer support services 
Assisted 9,361 women in obtaining necessary protection from the Courts 



(1.) Stausiics from 27 member programs of MCBWSG only. 

(2.) Statistics from calendar year 1989 and 1990 - full impact of funding cuts and results deterioration in ability 
to provide services not seen until 1991 . 



-161- 



In 1991 

MGL 209A, as amended by Chapter 403 in 1990, mandated that police arrest on violation of 

restraining order; A state-wide police policy directed officers to refer victims to appropriate 

battered women's programs; and passage of this landmark domestic violence legislation 

generated extensive media attention on the issue. 



The Massachusetts Coalition of Battered Women Service Groups 

supported passage of Chapter 403, a comprehensive amendment to MGL Chapter 209A - The 

Abuse Prevention Act, in the believe that the statute was necessary to protect untold numbers of 

vulnerable people from family abuse. 

THE COALITION AND THE ADVOCACY COMMUNITY WARNED... 

• That if adequate funding was not restored to existing Battered Women's Programs; 

• If the Police, Prosecutors and Courts did not adequately implement the provision of the new statue; 

• If the most isolated, terrorized and vulnerable battered women believed, through media stories, that 
the police and courts could/would protect them when they found the courage to reach our for 
help... 

THEN MORE WOMEN AND CHILDREN WOULD DEE. 

STATE FUNDING REMAINED LEVEL AT $4.8 MILLION 

BATTERED WOMEN'S PROGRAMS: 

• Received 69,016 hotline calls 

• Sheltered 1,992 women; accompanied by 

2,543 at-risk children (3.) 

• Provided 8,718 battered women individual or group peer support services (4.) 

• Assisted 9,416 women in obtaining necessary protection from the Courts. (5.) 

9 Were called on more and more to provide training and technical assistance to police, courts, social 
service agencies and hospitals - to work toward an integrated community response. 



In 1991 

A WOMAN WAS MURDERED, ALLEGEDLY, AS A RESULT OF DOMESTIC VIOLENCE 

EVERY 16 DAYS, SEVERAL AS THEIR CHILDREN WATCHED. 

TWO CHILDREN DEED WITH THEIR MOTHERS. 



(3.) While approximately the aame number of women have been sheltered in available beds for the past three years, the 

number of children sheltered dropped significantly. We believe that, with the absence of available 707 certificates and 
the lack of affordable housing, many battered mothers are choosing to remain home and suffer the abuse rather than 
risk homeletsness for themselves and their children. 

(4.) 3,356 fewer women were given these services which help them ; ian: how to safely leave their batterers and how to 

keep themselves and their children safe in the long run. 

(4.) & (5.) In addition to the women and children sheltered, approximately 18.605 women received direct services. These 
additional women from your communities were care-takers for approximately 28,000 at-risk children. 



By April 1992 

A WOMAN WAS MURDERED, ALLEGEDLY, AS A RESULT OF DOMESTIC VIOLENCE, 

EVERY 9 DAYS. FIVE CHILDREN HAD DIED AT THE HANDS OF THEIR 

MOTHERS BATTERER; TWO MORE WERE WOUNDED. 

ONE MOTHER AND TWO NEIGHBORHOOD FRIENDS OF 

BATTERED WOMEN ALSO LOST THEIR LIVES. 



Responding to Crisis 



• The Caucus of Women Legislators, which had prioritized domestic violence for three years, took 
leadership in holding hearing and proposing appropriations and legislative initiatives. 

• Governor Weld responded to the Caucus ' request to declare a State of Emergency; and established, 
by Executive Order, a Domestic Violence Policy Commission. Lt. Gov. Cellucci pledged the 
administration's assistance in finding funds to restore the stability of the infrastructure of existing 
Battered Women 's Programs. 

• Various bills to better protect victims of domestic violence were reviewed by Legislative Committees. 



The Coalition supports the need for legislation, or other remedies, which address the problems of: 

• Batterer who stalk their victims (S. 126) 

• The ability of police to remove weapons from the scene of a domestic violence incident (S. 753) 

• Battered women who defend themselves from batterers (H. 2108 and 2109) 

• Battered women 's programs respecting due process rights of residents; balanced with the need to 
insist that residents protect the confidentiality of the shelter location -for the safety of all 
resident women and children (H. 207 and 3914) 

• Batterers who are released on bail after an arrest 



The Coalition appreciates, however, that these bills have significance beyond 
the scope of domestic violence; and that the Legislature has a duty to protect the 

Constitutional rights of all citizens. 

We call for the Legislature, the Judiciary, and the Executive Branch to seek appropriate subject matter 
expertise from model programs whose intervention philosophies and '/or practices have acknowledged 
and/or demonstrable results in preventing fatalities; and to craft... 

• Adequate budgets and appropriate statutes; and/ or 

• Ground-breaking case law; and/or 

• Creative administrative policies; 

...which will allow replication of these models in order to better protect battered women and children in 
the Commonwealth. 



-163- 



IN THIS DECLARED STATE OF EMERGENCY FOR BATTERED WOMEN, 
THE MOST IMPORTANT PIECE OF LEGISLATION IS THE 

FY '93 STATE BUDGET 

RECOMMENDATIONS TO BEST ADDRESS BATTERED WOMEN'S SAFETY IN THE 
IMMEDIATE STATE OF EMERGENCY AND TO COORDINATE LONG TERM, INTEGRATED, 

EMERGENCY RESPONSE SYSTEMS. 

$1,000,000 To restore stability to the existing network of Battered Women's Programs, bringing the 

infrastructure back to FY '89 levels. 

$ 1 ,500,000 To coordinate a state-wide Emergency Response System to respond to crisis needs for 

shelter and/or advocacy; as well as longer term referral needs for housing, counseling, 
translations services, etc. 

$1,100,000 To enable each County's District Attorney to establish a multi-disciplinary Community 

Response System to prosecute batterers and protect victims. 

$ 400,000 To support trainings to educate both public and private sector institutions who must play 

key roles in the Emergency and Community Response Systems. 

$4,000,000 TOTAL ALLOCATION 

To support systemic reform and allow more effective implementation of the statutory 
protections guaranteed by MGL Chapter 209A as amended by landmark legislation 
Chapter 403 in 1991. 



The Advocacy Community looks to the leadership of the Caucus of Women Legislators and to the: 

Governor and Lt. Governor Exec. Office of Public Safety 

Legislature Mass. Criminal Justice Training Council 

Attorney General Exec. Office of Health and Human Services 

Mass. Office of Victims Asst. Dept. of Social Services 

Supreme Judicial Court Dept. of Public Health 

Comm. for Gender Equality Office of Violence Prevention 

Mass. District Attorneys' Association 
Mass. Police Chiefs' Association 

...and perhaps, most importantly, to the rank and file police officers of the State. 

TO PARTICIPATE IN INTEGRATED EMERGENCY RESPONSE AND COMMUNITY 

RESPONSE SYSTEMS TO STOP THE CRIMES COMMITTED BEHIND 

CLOSED DOORS IN MASSACHUSETTS. 



FOR MORE INFORMATION, WRITE TO: 
THE MASSACHUSETTS COALITION OF BATTERED WOMEN SERVICE GROUPS 

107 SOUTH STREET, BOSTON, MA 02111. 

NONE OF US ARE SAFE UNTIL WE ALL ARE. 



-164- 



FILE:ENTER209 DATE: 06/08/92 



NEW PROCEDURES FOR THE ENTRY OF WARRANTS INTO THE LEAPS WANTED 
PERSON FILE FOR VIOLATIONS OF CHAPTER 209 A RESTRAINING ORDERS. 

L.E.A.P.S. USERS ARE HEREBY ALERTED TO SOME IMMEDIATE 
CHANGES RELATING TO THE ENTRY OF WARRANTS INTO THE L.E.A.P.S. 
WANTED PERSON FILE FOR VIOLATIONS OF CHAPTER 209 A RESTRAINING 
ORDERS. THE PURPOSE OF THESE CHANGES IS TO MORE READILY IDENTIFY 
INDIVIDUALS WANTED FOR VIOLATIONS OF 209A RESTRAINING ORDERS AND 
TO FACILITATE THE TIMELY EXCHANGE OF SUCH INFORMATION ON A 
STATEWIDE BASIS VIA THE L.E.A.P.S. SYSTEM. 

UNTIL NOW, THERE HAS BEEN NO SPECIFIC OFFENSE CATEGORY IN 
THE L.E.A.P.S. WANTED PERSON FILE FOR THE VIOLATION OF A 209 A 
RESTRAINING ORDER. ACCORDINGLY, THESE WARRANTS HAVE TYPICALLY 
BEEN ENTERED UNDER THE GENERIC FAMILY OFFENSE CATEGORIES OR 
UNDER ANOTHER CATEGORY, SUCH AS ASSAULT & BATTERY. 

EFFECTIVE IMMEDIATELY, WARRANTS ISSUED FOR VIOLATIONS OF 
209A RESTRAINING ORDERS SHOULD BE ENTERED UNDER THE NEW OFFENSE 
CODE, 3209. 

IN CASES WHERE THE 209A VIOLATION WARRANT IS ISSUED IN 
CONJUNCTION WITH ANOTHER WARRANT - E.G., THERE IS A 209A 
VIOLATION WARRANT AND AN ASSAULT 2< BATTERY WARRANT - A SECOND 
WARRANT SHOULD BE ENTERED INTO THE L.E.A.P.S. WANTED PERSON 
FILE. THE 209A VIOLATION WARRANT SHOULD ALWAYS BE ENTERED, 
ALONG WITH THE MOST SERIOUS OF THE OTHER WARRANTS ASSOCIATED 
WITH THE INCIDENT. THIS IS THE ONLY INSTANCE IN WHICH A 
"DOUBLE-ENTRY" OF WARRANTS ON ONE INDIVIDUAL IS PERMITTED IN 
THE L.E.A.P.S. WANTED PERSON FILE, AND THE LIMIT IS TWO WARRANTS 
I.E., THE 209A VIOLATION WARRANT AND THE MOST SERIOUS ASSOCIATED 
WARRANT. 

THEREFORE, EFFECTIVE IMMEDIATELY, LAW ENFORCEMENT AGENCIES 
SHOULD IMPLEMENT THE FOLLOWING PROCEDURES RELATING TO THE ENTRY 
OF WARRANTS FOR VIOLATIONS OF 209A RESTRAINING ORDERS INTO THE 
L.E.A.P.S. SYSTEM: 

1. ENTER ALL NEW WARRANTS FOR 209A RESTRAINING ORDER 
VIOLATIONS INTO THE L.E.A.P.S. WANTED PERSON FILE UNDER 
THE NEW OFFENSE CODE, 3209: 

2. WHERE THERE ARE MULTIPLE WARRANTS ASSOCIATED WITH THE 
209A VIOLATION, ALWAYS ENTER THE 209A VIOLATION WARRANT 
UNDER THE NEW OFFENSE CODE, 3209, AND ENTER THE MOST 
SERIOUS OTHER WARRANT ASSOCIATED WITH THE 209A VIOLATION 
UNDER THE EXISTING OFFENSE CODES: AND, 

3. REVIEW ALL EXISTING WARRANTS FOR 209A RESTRAINING CRDER 
VIOLATIONS, AND RE-ENTER (OR ENTER) THEM INTO THE 
L.E.A.P.S. WANTED PERSON FILE UNDER THE NEW' OFFENSE CODE 
3209, ACCORDING TO STEPS 1 AND 2 ABOVE. 

YOUR COCPERATIGN IN IMPLEMENTING THESE PROCEDURES IS 
GREATLY APPRECIATED. THIS APPROACH WILL MAKE AVAILABLE STATE- 
WIDE INFORMATION ON INDIVIDUALS WANTED FCR 209A VIOLATIONS. 



LAW ENFORCEMENT WILL BE MORE AWARE OF WARRANTS FOR 209A 
( VIOLATIONS IN OTHER JURISDICTIONS, AND BETTER PREPARED TO 

PROTECT THE PUBLIC AND ENSURE OFFICER SAFETY. FURTHER, THIS 
APPROACH WILL PERMIT THE IDENTIFICATION OF TARGET GROUPS OF 
209 A VIOLATIONS TO LAW ENFORCEMENT AGENCIES. 



c 

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c 

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c 

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c. 



THANK YOU FOR YOUR ASSISTANCE IN IMPLEMENTING THESE 
IMPORTANT CHANGES. 



-166- 



JUSTICE 



Murdero us Ob session 

Can new laws deter spurned lovers and fans from 'stalking'— or worse? 



Barbara Erjavec and Grace Beach 
sometimes take a rug to the cem- 
etery and have lunch by the 
graves of their children, sharing 
a sad litany of what ifs. What if 
they had known that Kenneth Kopecky 
had talked openly about his plans to kill the 
young lovers? What if the law now await- 
ing the Illinois governor's signature had 
been in place — could the police have done 
something then? Grace and Barbara will 
never know the answers. All they do know 
is that Kopecky became infatuated with 
Karen Erjavec last summer when they 
were both members of a wedding party, and 
that for the next six months Karen and her 
boyfriend, Glenn Beach, lived in fear. They 
received anonymous letters and bizarre, 
threatening phone calls. Glenn's car was 
vandalized, and there were tire tracks 
across the lawn of the house where he lived 
with his parents. Karen's father, a police- 
man, knew that the law was powerless 
against what seemed like just a persistent 
creep. Even the surveillance lights Glenn's 
parents installed around their home had 
no effect last Feb. 16. The Beaches returned 
from a movie that night to a bustling crime 
scene in their driveway. Glenn had been 
shot six times in the back and stabbed 
twice; Karen had been shot in the head at 
close range. Two days later, police tracked 
Ken Kopecky to a motel in Michigan. He 
shot himself to death as the cops moved in. 
The stories sound like the plot lines of hit 
movies, from "Fatal Attraction" to "Sleep- 
ing With the Enemy" to "Cape Fear." But 
increasingly, state legislators are hearing 
real-life versions, and they are responding 
with astonishing speed. California passed 
the first "anti-stalking" law in 1990, mak- 
ing it a crime to repeatedly follow or harass 
someone with a "credible threat" to cause 
fear of bodily harm. Since then, 20 more 
states have enacted similar laws, and at 
least a dozen others are considering them. 
Most make the first stalking offense a mis- 
demeanor, punishable by up to one year in 
jail and a $1,000 fine, with felony counts 
and stiffer penalties for repeat offenses. 
Florida's law, which went into effect last 
week, even allows police to make arrests 
without obtaining a warrant. 

Behind almost every state bill has been 
at least one local tragedy. Wisconsin law- 
makers acted after Shirley Lowery was fa- 

XEWSWEEK : JULY 13, 1992 




tally stabbed 19 times, allegedly by her ex- 
boyfriend in a Milwaukee courthouse 
where she had gone to obtain a protective 
order. Virginia lawmakers were moved af- 
ter Regina Butkowski's mother testified 
that her daughter had been stalked for six 
months by a weight lifter who finally shot 
her, set her body on fire and dumped it into 
a creek, where it was found eight months 
later. Georgia's proposed law may pick up 
more support after the sad case of Joyce 
Durden, whose estranged husband carried 
out his repeated death threats last month. 
He gunned her down at a school where she 
taught mentally disabled preschoolers, 
then shot himself in the head. 



Love gone mad: A battered wife living 
in fear in Tampa, grieving mothers 
Beach (left) and Erjavec 



Such horrifying examples aside, no one 
can say how widespread a problem stalking 
is — mainly because it has never been a 
crime category before. The new laws aim at 
halting a pattern of threats and harass- 
ment that often precedes violent acts, from 
assault to rape, child molestation and mur- 
der. Some of the most publicized cases have 
involved celebrities, like actress Rebecca 
Schaeffer, fatally shot by an obsessed fan. 
Robert John Bardo, in 1989. A few stalkers 



-167- 



fixate on co-workere or complete strangers, 
aud not all victims are female; women 
sometimes stalk men. But the vast major- 
ity of cases involve former lovers or 
spouses. Nearly one third of all women 
killed in America are murdered by their 
husbands or boyfriends, and, says Ruth 
Micklem, codirector of Virginians Against 
Domestic Violence, as many as 90 percent 
of them have been stalked. 



Some civil-liberties experts argue that 
the new laws are overly vague and carry a 
potential for misuse, particularly in mari- 
tal disputes. "There are very often false 
allegations made in all sorts of contexts 
against spouses or former spouses," says 
Miami criminal-defense attorney Jeffrey 
Weiner, who thinks Florida's no-warrant 



Will the laws actually deter such crimes? 
Much depends on what twisted logic moti 
vates the stalker. "A lot of these people are 
just caught up in the emotion of a bad 
breakup," says David Beatty of the Nation- 
al Victim Center in Arlington, Va. "Sitting 
someone down in jail for a while may make 
him rethink his actions." But some stalkers 






provision may be unconstitutional. Critics j are mentally deranged. Stanton Samenow 
also say that people who fear for their safe- I a Virginia clinical psychologist and author 

of "Inside the Criminal Mind, ' 
says that many have disturbed 
self-images in which they see 
themselves as irresistible or 
complete zeros. When they are 
rejected, they resort to intimi- 
dation in a desperate attempt 
to try to regain self-esteem . The 
Jhre at of prison ma y deter some 
of them, but for others, says Sa- 
menow, it s like'pu tting fuel 
on afire." 

ToflEeanti-stalking laws to 
have a real impact, courts must 
take them seriously and apply 
the new legal muscle they pro- 
vide. Ironically, the first person 
sentenced under California's 
law, Mark David Bleakley, was 
put on probation and ordered to 
serve time in a psychiatric facil- 
ity. Unsupervised, he wandered 
away and was found waiting 
outside his victims health club. 
Fortunately, he was reappre- 
hended before he could harm 
her and sentenced to three 
years in prison. 

'Won't hunt': Kristin Lardner 
wasn'tso lucky. The21-year-old 
Brookline, Mass., art student 
was murdered by her former 
boyfriend in May, just two 
weeks after the state's anti- 
stalking law went into effect. 
Michael Cartier had already 
served six months in jail and 
was on probation for attacking 
another ex-girlfriend. He was 
attending a violence-treatment 
program when he began beat- 
■■■■■ ing Lardner. She reported the 
incidents to the police, who issued a war- 
rant for his arrest. She also obtained two 
restraining orders from civil-court judges, 
but they were unaware of the outstanding 



NICK UT— AP 

Bardo behind bars 

Where Stalking 
Is Illegal 

■ California 

■ Colorado 

■ Connecticut 

■ Delaware 

■ Florida 

■ Hawaii 

■ Idaho 

■ Iowa 

■ Kentucky 

■ Massachusetts 

■ Mississippi 

■ Nebraska 

■ Oklahoma 

■ South Carolina 

■ South Dakota 

■ Tennessee 

■ Utah 

■ Virginia 

■ Washington 

■ West Virginia 

■ Wisconsin 

SOURCE; NATIONAL CONFERENCE 
OF STATE LEGISLATURES 



ABOVE: BILL GENTILE FOR NEWSWEEK. BELOW: DAVID WALBERO 



ty can already apply to the civil courts for 
restraining orders. But such orders are no- 
toriously hard to enforce, and all too often, 
the first violation is fatal. The California 

law was drafted after five Orange County I warrant and merely barred Cartier rror 

women were killed in a six-week period in j going within 200 feet of her. That didnt faze 

early 1990. All but one had sought help in | him. On May 30, Cartier waited outside the 

vain from authorities. "What does he have i liquor store where Lardner worked and 

to do— shoot me?" 19-year-old Tammy Ma- j shot her repeatedly as she walked town 



rie Davis asked police just days before an 
ex-boyfriend did just that, fatally, in Hun- 
tington Beach. When Patricia Kastle, a 
onetime Olympic skier from Newport 
Beach, was shot by her former husband, 
police found a restraining order in 
her purse. 



Boston's Commonwealth Avenue. Police 
found him in his apartment, dead from a 
self-inflicted gunshot wound. "The re- 
straining orders don't restrain, and I 
strongly suspect the new anti-stalking or- 
der won't hunt," says Kristin's father, 
Washington Post reporter George Lardner. 

NEWSWEEK: JULY 13,1992 



-168- 



Massachusetts baa since instituted a 
number of reforms — including computer- 
izing all records of restraining orders and 
violations. By fall, any police officer or 
judge should be able to cross-reference 
them to pinpoint repeat offenders. In 
Brookline, civil-court judges now routinely 
look at criminal records of all accused bat- 
terers. A committee of the chief justice's 
office is also studying the idea of outfitting 
stalkers and their victims with electronic 
monitoring devices, like those used in 
house-arrest cases, that would automati- 
cally sound an alarm if a stalker came 
within a certain range. 

ADT Security Systems is testing another 
kind of personal-alarm system for battered 
women. The victim wears a pendant 
around her neck, and if she spots her stalk- 
er, she presses a button that triggers an 
alarm at an ADT monitoring station, 
which in turn alerts police. The system 
isn't foolproof, however. It works only in 
close range of a receiving device installed 
in her home, and a determined stalker 
could foil it by disconnecting the phone 
lines. Six Tampa, Fla., women, all former 
residents of The Spring women's shelter, 
have been wearing the beepers for the last 
six months. But only one has used it, when 
her ex-husband turned up at her home, 
daring her to shoot him. Police arrived, but 
the episode left the woman so shaken that 
she handed in her beeper and went under- 
ground. Staffers at The Spring say they 
don't know what's become of her. 

Packing weapons: Other desperate vic- 
tims have taken to packing their own weap- 
ons. Sabine Tsang, 27, h«H filed numerous 
futile complaints about a former co-work- 
er. Last month, when Irineo Dominguez 
allegedly accosted her in a parking lot and 
ordered her into her car, she pulled out a 
handgun and shot him twice in the abdo- 
men. Dominguez, now recovering in a 
Houston hospital, has been charged with 
attempted kidnapping, according to police. 
But they have not charged Tsang. "I don't 
think you'd find a jury in Texas that would 
convict her, so why try?" says Houston 
homicide Sgt. Doug Bacon. 

The prospect of more victims arming 
themselves is no comfort to law-enforce- 
ment officials. Yet most admit there is very 
little they can do in the face of a persistent 
stalker. " You can put a person in jail for a 
year orso, but they eventually will get out," 
says Det. John Lane, part of a four-member 
an ti-e talking unit established by the Los 
Angeles police after Schaeffer s murder. 
Eye n so, the new laws do give police one 
mor eweapon to employ against stal&ETg^ - 
and ifthey deter even a small percentage of 
cr imes, tnat s better tnan non e. 

Melinda Beck with Debra Rosenberg in ! 

Botton, Farai Chideya in Chicago. 

Susan Miller in Houston, Donna Foote in 

Los Angeles, Howard Manly in Atlanta ana 

Peter Katel m Tampa 

NEWSWEEK : JULY 13, 1992 



-1PQ- 



The MathaiHtics of Battering 




Unfair 
Expectations 



Not Taking 

Girls & Women 

Seriously 




Taking control means: 

• Giving orders. 

• Being the boss. 

• Making decisions for the 
two of you without con- 
sulting the other person. 

• Being possessive, keep- 
ing track of where the 
other person is, who they 
talk to and what they do. 

• Critizing her all the time. 

• Ruining her reputation 
by spreading rumors. 

• Getting her back for not 
doing what you want. 



Unfair expectations are: 

• Thinking she owes you 
sex. 

• Believing she must agree 
with you all the time. 

• Thinking she shouldn't 
contradict you in public. 

•You can question her but 
she can't question you. 

• She must be interested in 
everything you are inter- 
ested in. 

• Thinking you don't need 
to be interested in what 
she's interested in. 

• Expecting her to be avail- 
able all the time. 

• Expecting her to put up 
with any mood you're in. 

• When you are unhappy, 
expecting her to feel re- 
sponsible for making you 
feel better. 

• Thinking that you can 
cheat on her but she can't 
cheat on you. 



Not taking girls and 
women seriously means: 

• Not listening. 

• Not respecting their 
opinions. 

• Seeing girls as sex ob- 
jects. 

• Thinking girls aren't as 
smart as boys. 

• Thinking girls are too 
sensitive, overly emotional 
or irrational. 

• Sexism. 



Battering Includes: 



• Hitting, shoving, pinch- 
ing, burning, pushing, 
beating, throwing things, 
punching walls. 

• Threatening to hurt 
someone. 

• Destroying a person's 
property, hurting their 
pets, threatening their 
family. 

• Forcing sex on another 
person. 

• Keeping someone fearful 
of you. 



-170- 



Dotnestic Abuse Intervention PrcHect fDAIlO Box 743, Barnstable, MA 02630 



Is Danger Ahead In Your Relationship ? 
Take This Test And Find Out 

When beginning a new relationship, sometimes the excitement of going 
out with someone you really like stops you from seeing the warning signs 
of abuse. Remember, you don't have to have broken bones or a black eye 
to be abused. You may be experiencing emotional abuse, which might 
turn into physical abuse. There is hope and help: 

Call Transition House ( 617) 661-7203 (24 hours) 
or call the National Domestic Violence Hotline: 

1-800-333-SAEE 
Lesbian and gay relationships can have these problems, too. 

Call Fenway Community Health Center 

(617) 267-0900 (9 ajn. - 5 p.m.) 

(617) 267-9001 (evenings) 




This flyer was developed 
for young women by 
Mount Auburn Hospital 
Prevention and Training 
Center, Waltham, Mass., 
(617) 893-0111, and by the 
Dating Violence intervention 
Project, Cambridge, Mass. 
(617) 868-S32S. ~ 



Areyoii going out with someone zvho~~ 

v ; B ^jealous and possessive toward you, won't let youliave^.^ 

■v .Mends; checks up on you; won't accept breakingup. : 

: . ■ - Tries to control you by being very bossy; giving orders,^ 

making all the decisions; doesn't take your opinion seriously. 
-vM-Ts scary. You; worry about how they wiU react tothingsv,. 
• you say or do; :Threatens you, uses or owns weapons. • . 

Ji Is violent has a history of fighting, loses temper quickly, '..";.: 

.bragsabour^rAistieating others. ■:'■■ . " V&*-V 

'/■■ ■ IPressuresyoufor sex, is forceful or scary around sex. ft 

^Thinks women orgrds are sex objects. Attempts to manipulate : 
iv-'or guutrtripyoubysaymg^ 

fwould-'^Gets too serious about thexelarionship too fast. 1$£. .V: ■:■ 
■"Abuses drugs or alcohol and pressures you to take them. . 
- •■ "Blames you-whenthey mistreat you. Says you provoked 

Uhem, pressed their buttons, made them do it, led them on. > 
;;; ■ -Has a history of badrelationships and blames the other • . ".' 




If you check more than two of the questions 
to someone for help before the 



ultimate date" turns 



either test, turn 
on you. 



-171- 



SO 



THE NEW YORK TIMES METRO SUNDAY. SEPTEMBER 12 




I W JERSEY 



In Domestic Violence, 
These Charges Stick 

Sussex Cracks Down on Spouse Abuse 



By JON NORDHEIMER 

Special u The Nrw York Timet 

NEWTON. N.J. — Albert D. rolled 
his eyes and grimaced when he was 
told he had to spend Labor Day week- 
end tn the Sussex County jail. 

"If a married couple wants to 
patch things up between them- 
selves," he moaned, "why get the law 
involved?" 

What Albert and his wife Lillian 
wanted to settle between themselves 
was her call to the police a few days 
earlier, saying her husband had 
punched and kicked her when she 
threatened to leave him and take 
their three children with her. Now she 
wanted to drop the complaint. 

No way, said the police, prosecutor 
and iudge. In Sussex County, in north- 
west New Jersey, if the authorities 
are called to break up a family fight, 
the assailant is arrested on an assault 
charge and goes before a Superior 
Court judge. Even if the victim wants 
to drop the charge, the prosecution 
goes ahead with the case. 

All Fights Go to Judge 

No more letting couples make up 
and leaving the police to wait for the 
next time tempers flare. 

Some other jurisdictions in the re- 
gion have adopted a "pro-arrest" pol- 
icy In recent years to crack down on 
domestic violence, instructing the po- 



No matter what the 
victim wants, the 
case proceeds until 
the parties get help. 



rice to arrest and jail -a batterer if 
evidence of assault is observed. But 
only rural Sussex, population. 140.000. 
insists that all criminal cases stem- 
ming from family fights be resolved 
in Family Court before a judge. 

In civil cases, as when a family 
member obtains a restraining oraer 
to keep a threatening spouse at a sate 
distance, the person filing the com- 
plaint is also required to appear be- 
fore a judge and ai least sit down with 
j counselor from a local victims ad- 
vocates group before the case is 
closed He or sne may be held In 
contempt if the court date is not met. 
"The court takes the position that 
we do not dismiss these cases light- 
• " iaid Superior Court Judge Lor- 
line Parker. "First of all it u very 
ustrating and demoralizing to po- 
ce officers who are called to the 
^ame house time after time to break 
up a light onlv to have the complaint 
Jroopeo bv the victim the next dav. 
But more imponantlv we taxe the 
iew mat it is unacceptable lor quar- 
; ciuna nusoanas una wives to siap 



each other around." she said. 

If they are permitted to plead 
guilty to a reduced charge of simple 
battery, first offenders tike Albert D. 
almost always get a few weekends in 
jail to drive home the point They also 
are ordered as part of probation to 
attend 29 weekly sessions by Domes- 
tic Abuse Services, a local nonprofit 
victims support group, to understand 
why they use violence or intimidation. 

Dennis O'Leary, the Sussex County 
Prosecutor, said the policy was in- 
spired, but not mandated, by New 
Jersey's tough new domestic violence 
act that took effect last November. A 
community task force recommended 
the tough line after studying domestic 
violence, a leading cause of police 
complaints in Sussex that often were 
not prosecuted until bones were bro- 
ken or the victim died, he said. 

"If the violence is serious enough to 
call in the cops, the criminal-justice 
system will not let go of the case until 
one or both parties get help with their 
problem," said Mr. O'Leary. 

Takes Burden off Victim 

There u preliminary evidence, he 
noted, that the new policy is reducing 
repeat offenses in these types of 
cases. Another important side effect 
of "pro-prosecution" is it removes 
responsibility from the victims, near- 
ly all women, to punish the abusers. 
Women, domestic-violence experts 
say. are often intimidated by fear of 
future beatings or don't like to see 
husbands get caught up in the crimi- 
nal justice system since the victims 
may suffer the social or economic 
consequences of a jail term or fine as 
much as their male abusers. 

"What these women want moat is 
for their men to get help with their 
problems." said Jeanine Ferns Piro, 
a Westchester County judge in New 
York, who hailed the Sussex experi- 
ment and said It bore watching. 
Judge Piro is a former prosecutor 
who headed the domestic violence 
and child abuse bureau in Westches- 
ter, where 21 of 43 police departments 
follow a "pro-arrest policy." 

But overloaded dockets and over- 
worked judges discourage some 
courts from prosecuting these cases 
unless the victim is a willing witness. 

'Coerced Prosecuuoo' 

In New York, some officials are 
ambivalent "about forcing a woman 
into a coerced prosecution and mak- 
ing her a hostile witness." said Karla 
DtGirolamo. executive director of 
Governor Cuomo's Commission on 
Domestic Violence. 

Sussex officials recognize that 
wnat works in a small rural county in 
New Jerseys highlands may not be 
feasible In a large urban one. It was- 
n't all that long ago that Sussex had 
more cows than people 

rha new policy nas about aoubted 
the number of domestic violence 
cases heard bv the Familv Court. 
.'orcinR a delay in divorce and custo- 



After filing assault and battery charges against her husband, a woman 
meets with Bruce LaCarrubba, an assistant prosecutor in Sussex 
County, to ask that a restraining order against her husband be lifted. 



4 We do not dismiss 
these cases lightly/ 
a judge says. 



dy proceedings, said Judge Parker. 

Bruce LaCarrubba. an assistant 
county prosecutor, spends Thursdays 
— railed "Family Feud Day" In the 
courthouse corridors — handling 
about 20 criminal domestic violence 
cases filed the previous week. 

"Usually we try to get the guy 
some professional help to deal with 
what are obviously deep-seated prob- 
lems." said Mr. LaCarrubba. In cases 
involving serious injury, evidence is 
presented to a grand jury to consider 

a felonv indictment. 

Lillian D had made it clear she did 
not want her husband, sn electrician. 
io go to tail. Mr. LaCarrubba. confer- 
ring with her. instated some jail ume 
was necessary, in addition to counsel- 
ing and psychological evaluation at 
countv expense. 

Given wnat ne did to vou, he told 
her. "he should SDeoo more man one 
-feiceno in iaii " 



He relented, however, and minutes 
later was telling the husband that 
because of his wife's intervention he 
would go to jail for only one weekend. 
"1 wanted four weekends but she 
nagged me down to one." 

'I Told You She Was a Nag' 

The husband, without herniation, 
responded: "1 told you she was a nag. 
Pretty soon you're going to want to 
belt her." 

Mr. LaCarrubbas eves narrowed 
as he measured the hefty man stand- 
ing before him. For a few seconds 
there was a feeling the electrician 
had talked his way back into four 
weekends in the county jail. 

The husband, sensing trouble, 
rolled up his sleeve and exhibited a 
livid scar on a forearm. "She did that 
with a fork," he expiatned. He then 
hitched up a trouser leg. exposing an 
older wound. "Screwdriver." 

Mr. LaCarrubba let the single 
weekend sentence stand, a decision 
affirmed minutes later in a brief 
hearing before a judge, and in min- 
utes he was in conference with an- 
other emotionallv confused and torn 
victim, alternately consoling her and 
insistine on an apt punishment lor 
K .er batterer 



-172- 



y 



Fl-NWAY 



Some facts about the prevalence of Partner Abuse in 
Same-Sex relationships: 

Domestic Violence does occur within gay and lesbian 
relationships with unfortunate frequency. Although few 
formal studies of the extent of the problem exists, some 
data exists: 

The VICTIM RECOVERY PROGRAM of the Fenway Community 
Health Center, which provides counseling and advocacy 
services to gay men and lesbians who are being battered 
or stalked. Although the Fenway does not advertise its 
Domestic Violence services, it has been receiving 
increasing numbers of reports this type for three years. 



1990 1991 1992 

Male Female Male Female Male 
9 2 12 4 27 



(1st eight months) 

Female 

13 



The New York City Anti-Violence Project, which 
advertises services to victims of same sex domestic 
•violence and stalking, documented the following numbers 
of reported incidents: 



1991 
143 



1992 

401 

(47% female, 



53% male) 



Same-sex Partner Abuse is an under-reported crime. 
Experts in the anti-violence field who work with gay and 
lesbian victims of Partner Abuse report the following: 

Jim Shattuck, Director of Men overcoming Violence, 
reports that "The accumulating body of research 
indicates that approximately 25-33% of lesbian 
relationships have experienced abuse, our hypothesis is 
that it is similar, if not more prevalent, given gender 
role conditioning, for gay men.*' 

Dr. David Island, and Patrick Letellier, authors of Men 
who Batter the Men Who Love Them , have estimated that 
there are 500,000 victims of domestic violence in the 
gay community of the United states. 



The Victim Recovery Program of the Fenway Community 
Health Center provides counseling and advocacy services 
to gay, lesbians, and bisexual victims of partner abuse, 
stalking and hate crimes in Massachusetts. We are 
available state-wide, and welcome calls from both 
victims and officers of the law and courts. If you 
would like to contact us, or refer a victim of violence 
to us, we may be reached at (617 ) -267-0900 x31l or 
1-800-834-3242 x311 from anywhere in Massachusetts. 



-173- 



Resources 



BATTERED W OMEN'S SERVICES: STATFWTDF RESOURCES 



Mac^rHusetts ^ a 1 i t i on of Battered Women Service Grr-jps 
Phone: 426-3492 
Address: 107 South Street 

Boston, MA 02111 
Services: Information and referral 



SHELTER A ND COUNSELING LISTINGS 



BOSTON AREA 

Casa Mvrna Vazquez 
Phone: 262-9581 
Address: P.O. Box 180019 

Boston, MA 02118 
Services: Shelter for battered women; transitional Living 

program; English and Spanish-speaking staff. 

Elizabeth Stone House 
Phone: 522-3417 

Address P.O. Box 15 

Jamaica Plain, MA 02130 

F.I.N. E.X. House 
Phone: 288-1054 
Address: P.O. Box 1154 

Jamaica Plain, MA 02130 

Shelter is wheelchair accessible, sign language 
Harbor Me 

Phone: 889-2111 

Address: P.O. Box 191 

Chelsea, MA 02150 

Services: Counseling for battered women; assistance with 

locating shelter; safe-home network; English, 
Vietnamese and Spanish-speaking staff. 

Marv Lawson Forman House 

Phone: 825-1666 (Hotline); 262-9581 (Office) 

Address: P.O. Box 49 

Dorchester MA 01842 

Renewal House 

Phone: 566-6881 (Hotline); 277-4194 (Office) 

Address: P.O. Box 919 

Roxbury, Ma 02115 
Services: Counseling and shelter for battered women; 

Spanish and Haitian-speaKing staff. 

Respond 

Phone: 623-5900 

Address: P.O. Box 555 

Somerville, MA 02143 



-174- 



•* - ** -V> J — - — ■IiImh — b S U 

Sat-'-oror' wnrnpn ' c 3 r "Ter'- 

Phone: (508) 992-^222 
Address: 252 Country Street 

New 3edfcrd, MA 2 740 

"omen's Center/ sstf: . inc. 
Phone: (508) 675-0087 
Address: 386 Stanley Street 

Fall River, MA 0270 



NORTH OF BOSTON 



Alternative House 

Phone: (508) 454-1436 

Address: P.O. Box 2096 

Highland Station 

Lowell, MA 01851 

H.A.W.C. (Help for Abused Women and Their Children) 

Phone: (508) 774-6841 
Address: 9 Crombie Street 

Salem, MA 01970 

Services Against Family Violence 
Phone: 324-2221 
Address: 110 Pleasant Street 

Maiden, MA 02148 

Women's Resource Center 

Phone: (508) 685-2480 (Lawrence) 

(508) 373-4041 (Haverhill) 
Address: 454 North Canal Street 

Lawrence, MA 01842 

Waltham Batterd Women Support Committee 
Phone: 899-8676 
Address: P.O. Box 24 

Walthm, MA 02254 

Women's Crisis Cenl-pr of Greater NewhurVPQIt 
Phone: (508) 465-2155 
Address: 8 Prince Street 

Newburyport, MA 01950 



WEST OF BOSTON 



Daybreak. Inc. 

Phone: (508) 755-9030 
Address: 72 Cambridge Street, No. 222 

Worcester, MA 06103-2369 

Necessities/Necesidades 
Phone: (413) 586-5066 
Address: 16 Armory Street 

Northhampton, MA 01060-3031 

-175- 



CAMBRIDGE 

--ans: _:or. House 

Phone: 661-7203 (24 hour hotline) 

Address: P.O. Box 530 

Harvard Square Station 

Cambridge, MA 02238 
Services: Shelter; counseling and referrals for cattere: 

women; dating violence and intervention for 

teens . 



capf cod and the t stands 

Independence Hqusp 
Phone: (508) 771-6507 
Address: 105 Pleasant Street 

Hyannis, MA 02601 

A Safe Place. Inc. 

Phone: (508) 228-0561 

Address: P.O. Box 3231 

Nantucket, MA 02584 

Women's Support Services 
Phone: (508) 693-0032 
Address: Box 369 

Vineyard Haven, MA 02568 



SOUTH OF BOSTON 



South Sh ore Women's Center 
Phone: (508) 746-2664 
Address: Ferioli Building 

85 Samoset Street 

Plymouth, MA 02360 

WQMANSPLACE 

Phone: (508) 588-2041 

Address: P.O. Box 4206 

Brockton, MA 02403 

nnvr- fnnmp^Hr Violence Ended) 
Phone: 471-1234 
Address: P.O. Box 289 

Quincy, MA 02269 

Phone* 762-1530 (Norwood) 

(508) 695-2113 (Attleboro) 
(508) 824-4757 (Taunton) 

Address: P.O. Box 1036 

Attleboro. MA 02703 
Services: Shelter and counseling; Spanish-speaking lega. 

advocate; sexual assault unit 



-176- 



NFT.CWiT f New Enjlanc Lea ^^c Center :' - r Wfljpgi] : r. .:3ns:-. 
Phone: (413) "2-0806 
Address: 25 Forest Avenue 

Greenfield, MA 01301 
Wheelchair accessible 
w?men ' g Protective S ervices 
Phone: (508) 626-8686 (Hotline) 

(508) 820-0834 (Office) 
Address: 63 Fountain Street 

Frammgham, 01701 

Women's Resource?; 

Phone: (508) 342-9355 (Fitchburg) 

(508) 630-1031 (Gardner 

(508) 368-1311 (Clinton) 

women's Services Center 
Phone: (413) 443-0089 
Address: 146 First Street 

Pittsfield, MA 01201 

Womenshelter/ Companeros 
Phone: (413) 536-1628 
Address: P.O. Box 6099 

Holyoke, MA 01041 

YWCA of Western Mass. 

Phone: (413) 562-1920 (Westfield) 

(413) 733-7100 (Springfield: Abuse and Rape 

Crisis Hotline) 



7131A 



-17?- 



Counseling for batterers 



Note: All of the programs listed below have received certification or provisional certification 
from the Massachusetts Department of Public Health. All currently serve adult men who 
batter, but are required by the terms of their certification to serve women and adolescents wno 
batter if thare is a sufficient number of such individuals to form a treatment group. 



Assabet Human Services 
Dammonmill Square 
Concord, MA 01742 
508-371-0300 

Brockton Family & Community Resources 
1 8 Newton Street 
Brockton, MA 02401 
508-583-6498 

Common Purpose, Inc. 
P.O. Box 553 
Woburn, MA 01801 
617-524-7717 

Domestic Abuse Intervention Project 
Independence House 
P.O. Box 743 
Barnstable, MA 02630 
508-771-8572 



Men Overcoming Violence (MOVE) 
Men's Resource Connection, Inc. 
24 S. Prospect Street 
Amherst, MA 01002 
413-253-9887 

New Hope, Inc. 
140 Park Street 
Attleboro, MA 02703 
508-824-4757 

North Central Alcoholism Commission 
71 Pleasant Street 
Leominster, MA 01453 
508-537-8278 

Peaceful Movement 
879 Blue Hill Avenue 
Dorchester, MA 02124 
617-436-3159 



EMERGE 
Central Square 
Cambridge, MA 
617-422-1550 



Project RAP 
202 Rantoul Street 
Beverly, MA 01905 
508-921-1292 



Fort Deven's Army Post 
Building 2734 
Ayer, MA 
508-641-3101 

Gandara Mental Health Center 
2155 Main Street 
Springfield, MA 01104 
413-736-0395 

Greater Lawrence Mental Health Center 
550 Broadway 
Lawrence, MA 01841 
508-683-3128 

Inter-Church Council of New Bedford 
412 County Street 
New Bedford, MA 02740 
508-993-6242 



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The Psychological Center, Outpatient 

Services 

488 Essex Street 

Lawrence, MA 01840 

508-685-1337 

South Shore Women's Center 
85 Samoset Street 
Plymouth, MA 02360 
508-746-2664 

Springfield Psychological Associates 
42 Elsie Street 
Springfield, MA 
413-783-8877 



Source: "Identifying and Treatinc 
Battered Adult and Adolescent Womer 
and Their Children: A Guide for 
Health Care Providers:, Mass. Dent, 
of Public Health, 1992. 



Legal Services 

Legal Services Corporation 

Boston Regional Office 

617-223-0230 

(information regarding legal services in your area) 

Battered Women's Advocacy Project 

Harvard Women's Law Association 

Holmes Hall Rm. 9 

Cambridge, MA 02138 

617-495-3139 

(services free, court advocacy, assistance with restraining orders, immigration, children's 

issues, referrals, Spanish and Russian spoken) 

Battered Women's Advocacy Project 

Suffolk Law School 

41 Temple St. 

Boston, MA 02114 

617-357-7017 

(helps with restraining orders) 

Boston College Legal Assistance Bureau 

24 Crescent St., Suite 202 

Waltham, MA 

617-893-4793 

(Spanish interpreters, service free for low-income clients) 

Cambridge & Somerville Legal Services 

264 3rd St. 

Cambridge, MA 02142 

617-492-5220 

(free, low-income clients only, Spanish and Portuguese spoken) 

Greater Boston Legal Services 

68 Essex St. 

Boston, MA 02111 

617-357-5757 

(free, low-income clients only, Spanish spoken) 

Harvard Legal Aid Bureau 

1511 Massachusetts Ave. 

Cambridge, MA 02138 

617-495-4408 

(free, low-income clients from Middlesex and Suffolk Counties only, Spanish and French 

spoken) 

Legal Services Center 

3529 Washington St. 

Jamaica Plain, MA 02130 

617-522-3003 

(free, low-income clients only, Spanish and Chinese spoken) 



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Legal Services (cont'd) 

National Lawyer's Guild 

1 5 Beacon St. 

Boston, MA 

617-277-7008 

(sliding fee scale, Spanish spoken) 

Suffolk University 

56 Temple St., Rm. T-22 

Boston, MA 02114 

617-357-7017 or 

617-573-8108 

(free for low-income clients, focus on restraining orders, vacate orders, support orders, 

Spanish and French spoken) 



Alcohol and Drug Problems 

Alcoholics Anonymous 
617-426-9444 

AL ANON 

617-843-5300 

(For family members of alcoholics) 

ALATEEN 

617-843-5300 

(for adolescent family members of alcoholics) 

Narcotics Anonymous 
617-884-7709 

National Cocaine Hotline 
1-800-COCAINE 

Statewide Drug & Alcohol Information & Referral Hotline 
617-445-1500 or 1-800-327-5050 



Child Abuse 

Massachusetts Department of Social Services 
24-hour hotline: 1-800-792-5200 

National Child Abuse Hotline 
1-800-4-A-CHILD 



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Child Abuse (cont'd) 

AWAKE (Advocacy for Women and Kids in Emergencies) 

Children's Hospital 

300 Longwood Avenue 

Gardner House 812 

Boston, MA 02115 

617-735-7979 

(crisis intervention and advocacy for abused women whose children are followed at Children's 

Hospital) 

Parental Stress Line 

654 Beacon St. 

Boston, MA 

1-800-632-8188 or 

617-437-0110 (Spanish) 

(counseling for parents under stress and/or fearful of abusing) 

Parents Anonymous of Mass. 

1 40 Clarendon St. 

Boston, MA 02116 

617-267-8077 or 

1-800-882-1250 

(information and referral for child abuse and parents in crisis) 



Rape Crisis Services 

Greater Boston 

Boston Area Rape Crisis Center 
99 Bishop Allen Drive 
Cambridge, MA 02139 
Hotline: 617-492-RAPE (7273) 
Office: 617-492-8306 

Community Programs Against Sexual Assault (CPASA) 

Roxbury Multi Service Center 

317 Blue Hill Avenue 

Roxbury, MA 02121 

Hotline: 617-536-6500 

Office: 617-427-4470, ext. 453 

Women's Protective Services 
63 Fountain Street 
Framingham, MA 01701 
Hotline: 508-626-8686 
Office: 508-820-0834 



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Rape Crisis (cont'd) 

Western Massachusetts 

Abuse and Rape Crisis Hotline (ARCH) 
P.O. Box 80126 
Springfield, MA 01108 
Hotline: 413-733-7100 
Office: 413-733-1588 

Every Woman's Center 

Wilder Hall, University of Massachusetts 

Amherst, MA 01003 

Hotline: 413-545-0800 

Office: 413-545-0883 

New England Learning Center for Women in Transition (NELCWIT) 
219 Silver Street 
Greenfield, MA 01301 
Hotline: 413-772-0806 
Office: 413-772-0871 

Rape Crisis Center of Berkshire County 
1 8 Charles Street 
Pittsfield, MA 021 01 
Hotline: 413-442-0089 
Office: 413-442-6708 



Central Massachusetts 

Blackstone Valley Rape Crisis Center Team 
204A Main Street 
Milford, MA 01757 
Hotline: 508-478-2992 
Office: 508-478-8775 

Rape Crisis Program of Worcester 
1016 Main Street 
Worcester, MA 01603 
Hotline: 508-799-5700 
Office: 508-791-9546 



Northeastern Massachusetts 

North Shore Rape Crisis Center 
202 Rantoul Street 
Beverly, MA 01915 
Hotline: 1-800-922-8772 
Office: 508-927-4506 



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Rape Crisis (cont'd) 

Rape Crisis Center of Greater Lowell, Inc. 
295 Varnum Avenue 
Lowell, MA 01854 
Hotline: >800-542-5212 
Office: 508-452-7721 

Latinas Against Sexual Assault 
Women's Resource Center 
North Canal Street 
Lawrence, MA 
Hotline and Office: 508-685-2480 



Southeastern Massachusetts 

Plymouth County Rape Crisis Center 

P.O. Box 4206 

Brockton, MA 02403 

Hotline and Office: 508-588-8255 

New Hope 
140 Park Street 
Attieboro, MA 02703 
Hotline: 508-695-2276 
Office: 508-226-4015 

Rape Crisis Program/New Bedford Women's Center 
252 County Street 
New Bedford, MA 02740 
Hotline: 508-996-6656 
Office: 508-993-1842 

Independence House 

105 Pleasant Street 

Hyannis, MA 02601 

Hotline and Office: 508-771-6507 



General Information on Battering 

The Massachusetts Coalition of Battered Women Service Groups 
20 East Street 
Boston, MA 
617-426-8492 



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AWAKE (Advocacy for Women and Kids in Emergency) 

Children's Hospital 

300 Longwood Avenue, Gardner House 812 

Boston, MA 02115 

617-735-7979 

(Provides consultation, training, and technical assistance to health care providers and 

community programs on issues of violence against women and children.) 



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VICTIM ASSISTANCE PROGRAMS AND COURT LISTINGS 



Barnstable County District Attorney's Office 

victim/Witness Assistance 

First District Courthouse 

Route 6A 

Barnstable, MA. 02360 

508-362-8103 

DISTRICT COURTS: Barnstable, Edgartovn, Nantucket, Orleans 



Berkshire County District Attorney's Office 

Victim Assistance Program 

P.O. Box 1383 

Pittsfield, MA. 01201 

413-443-3500 

DISTRICT COURTS: North Berkshire, Pittsfield, 

South Berkshire 



Bristol County District Attorney's Office 

Victim/Witness Assistance Program 

888 Purchase Street 

New Bedford, MA. 02740 

508-997-0711 

DISTRICT COURTS: Attleboro, Nev Bedford, Fall River, 

Taunton 



Essex County District Attorney's Office 

Victim/Witness Assistance 

Museum Place 

1 East India Square 

Salem, MA. 01970 

508-745-6610 

DISTRICT COURTS: Amesbury , Gloucester, Haverhill, Ipsvich, 

Lavrence, Lynn, Nevburyport, Peabody, 
Salem 



Hampden County District Attorney's Office 

Victim/Witness Assistance 

50 State Street 

Springfield, MA. 01103 

413-781-8100 

DISTRICT COURTS: Chicopee, Holyoke, Palmer, Springfield, 

westfield 



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Victim Assistance Programs 



Middlesex County District Attorney's Office 

Victim/Witness Service Bureau 

40 Thorndike Street 

Cambridge, MA. 02141 

617-494-4604 

DISTRICT COURTS: Ayer , Cambridge, Concord, Framingham, 

Lowell, Maiden, Marlborough, Natick, 
Newton, Somerville, Waltham, Woburn 

Northwestern District Attorney's Office 
Victim/Witness Assistance Program 
One Court Square 
Northampton, MA. 01060 
413-586-5780 

DISTRICT COURTS: Greenfield, Northampton, Orange, Ware 



Norfolk County District Attorney's Office 

Victim/Witness Assistance 

P.O. Box 309 

Dedham, MA. 02026 

617-329-5440 

DISTRICT COURTS: Brookline, Dedham, Quincy, Stoughton 

Wrentham 



Plymouth County District Attorney's Office 

Victim Assistance Program 

32 Belmont Street 

Brockton, MA. 02401 

508-583-3306 

DISTRICT COURTS: Brockton, Hingham, Plymouth, Wareham 



Suffolk County District Attorney's Office 
Victim/Witness Assistance 
Old Courthouse, Room 2720 
Boston, MA. 02108 

617-723-8677 



DISTRICT COURTS: 



Boston Municipal Court, Brighton, 
Charlestown, Chelsea, Dorchester, East 
Boston, Roxbury, South Boston, 
West Roxbury 



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Victim Assistance Programs 



Worcester County District Attorney's Office 

Victim/witness Assistance 

332 Main Street 

Worcester, MA. 01608 

508-792-0214 



DISTRICT COURTS: 



Clinton/ Dudley, Fitchburg/ Gardner/ 
Leominster/ Milford, Spencer/ Uxbridge 
Westborough/ Winchendon/ Worcester 



STATEWIDE OFFICES : 

Massachusetts Victim and Witness Assistance Board 

Massachusetts Office for Victim Assistance 

100 Cambridge Street, Room 1104 

Boston* MA-02202 

617-727-5200 



Massachusetts Parole Board 

Victim Services Unit 

Fort Point Place 

27-43 Wormvood Place, 3rd fl 

Boston, MA. 02110-160)5 

617-727-3271 



Victim Compensation and Assistance Division 
Department of the Attorney General 
One Ashburton Place 
Boston, MA. 02108 

617-727-2200 X2875 



SOURCE: Domestic Violence Trainer's Manual produced by the 
Massachusetts Criminal Justice Training Institute, 
Boston, MA, 1991. 



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